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UNITED STATES v. CREEK NATION

Appeal No. 8-72.

476 F.2d 1290 (1973)

The UNITED STATES of America v. The CREEK NATION.

United States Court of Claims.

April 13, 1973.

Attorney(s) appearing for the Case

Paul M. Niebell, Washington, D. C., attorney of record, for appellee.

Roberta Swartzendruber, 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.

DURFEE, Senior Judge.

The United States, defendant-appellant, has taken an interlocutory appeal from a decision and Interlocutory Order of the Indian Claims Commission, 26 Ind.Cl.Comm. 410 (1971), Commissioner Blue separately concurring and Commissioner Kuykendall dissenting.

In its petition plaintiff claimed additional compensation under Section 2, Clauses 3 or 5 of the Indian Claims Commission Act of 1946 for 5,200,000 acres of land in Alabama which it ceded...

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