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KIMBALL v. CALLAHAN

No. 73-1512.

493 F.2d 564 (1974)

Charles E. KIMBALL et al., Plaintiffs-Appellants, v. John D. CALLAHAN et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 26, 1974.

Attorney(s) appearing for the Case

Daniel H. Israel (argued), Reid P. Chambers, Native American Rights Fund, Los Angeles, Cal., Larry A. Aschenbrenner, Don B. Miller, Klamath Falls, Or., for plaintiffs-appellants.

Raymond P. Underwood (argued), Chief Counsel, Portland Div., Oregon Dept. of Justice, Beverly B. Hall (argued), Asst. Atty. Gen., Portland, Or., for defendants-appellees.

Before KOELSCH, WRIGHT and KILKENNY, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Plaintiffs-appellants are Klamath Indians by racial ancestry and claim rights under the Treaty of October 14, 1864, 16 Stat. 707, which established the Klamath and Modoc Reservation in Oregon. Pursuant to the Klamath Termination Act, 25 U.S.C. §§ 564-564x, plaintiffs or their ancestors elected to withdraw from the tribe and have their interest in tribal property converted into money and paid to them. 25...

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