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ANDRADE v. UNITED STATES

Nos. 347-72, 47-73.

485 F.2d 660 (1973)

Dan ANDRADE (1) and Joe Carrillo (2), Individually, and on behalf of all other persons similarly situated v. The UNITED STATES. PITT RIVER TRIBE et al. v. The UNITED STATES.

United States Court of Claims.

Decided October 17, 1973.

Attorney(s) appearing for the Case

George Forman, Escondido, Cal., attorney of record for plaintiffs (No. 347-72); Bruce R. Greene, Berkeley, Cal., Aubrey Grossman, San Francisco, Cal., David Getches, and John E. Echohawk, Boulder, Colo., of counsel.

Aubrey Grossman, San Francisco, Cal., attorney of record for plaintiffs (No. 47-73); Bruce R. Greene, Berkeley, Cal., David Getches, John E. Echohawk, Boulder, Colo., and George Forman, Escondido, Cal., of counsel.

Ralph A. Barney, Washington, D.C., with whom was Asst. Atty. Gen., Wallace H. Johnson, for defendant (in both cases).

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

ON DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT

PER CURIAM:

In September of 1972, attorneys for the above petitioners attempted to file in this court petitions which sought, in effect, to overturn a judgment of the Indian Claims Commission, 13 Ind.Cl. Comm. 369 (1964). Petitioner Andrade sought relief under 28 U.S.C. § 1491 for breach of a fiduciary duty on the part of the United States. That petition (No. 347-72) was accepted for filing by the clerk of...

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