UNITED STATES v. ONEIDA NATION OF NEW YORK

Appeal No. 13-71.

477 F.2d 939 (1973)

The UNITED STATES v. The ONEIDA NATION OF NEW YORK et al.

United States Court of Claims.

May 11, 1973.


Attorney(s) appearing for the Case

Marvin S. Chapman, Chicago, Ill., attorney of record, for appellees. Dean A. Dickie and Aaron, Aaron, Schimberg & Hess, Chicago, Ill., of counsel.

A. Donald Mileur, Washington, D. C., with whom was Asst. Atty. Gen. Kent Frizzel, for appellant. M. Edward Bander, Washington, D. C., of counsel.

Before DAVIS, Acting Chief Judge, and SKELTON, NICHOLS, KUNZIG, and BENNETT, Judges.


KUNZIG, Judge:

In issue in this government appeal from a decision1 of the Indian Claims Commission (the Commission) is whether the government owed and subsequently breached a fiduciary duty to protect the Oneida Indians in land dealings with the State of New York when the United States Government did not participate in the transactions.

We hold that the federal government did owe a fiduciary duty to the Indians when, with knowledge...

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