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UNITED STATES v. CHEROKEE NATION

No. 173-A.

474 F.2d 628 (1973)

The UNITED STATES of America v. The CHEROKEE NATION.

United States Court of Claims.

February 16, 1973.

Attorney(s) appearing for the Case

Paul M. Niebell, Washington, D.C., attorney of record, for appellee. Earl Boyd Pierce, Ft. Gibson, Okl. and George E. Norvell, Washington, D.C., of counsel.

Ralph A. Barney, Washington, D.C., with whom was Asst. Atty. Gen. Kent Frizzell, for appellant.

Before COWEN, Chief Judge, DURFEE, Senior Judge and DAVIS, SKELTON, NICHOLS, KUNZIG, and BENNETT, Judges.

COWEN, Chief Judge.

In this proceeding the Government appeals from two decisions of the Indian Claims Commission in its Docket No. 173-A. One issue before the court concerns the proper valuation date for 2,121,928.74 acres of land owned in fee simple by the Cherokee Nation and ceded to the United States for the use of other Indian tribes pursuant to the terms of a treaty concluded in 1866. The Commission concluded that all the land should be valued, for the purpose...

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