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SEMINOLE NATION OF OKLAHOMA v. UNITED STATES

Appeal No. 3-73.

492 F.2d 811 (1974)

The SEMINOLE NATION OF OKLAHOMA v. The UNITED STATES.

United States Court of Claims.

February 20, 1974.

Attorney(s) appearing for the Case

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

M. Edward Bander, Washington, D.C., with whom was Asst. Atty. Gen. Wallace H. Johnson, for appellee. A. Donald Mileur, Washington, D.C., of counsel.

Before DURFEE, Senior Judge, DAVIS and SKELTON, Judges.

DAVIS, Judge:

After its removal from the east during the first part of the 19th century, the Seminole Nation became the owner in fee of a large area which is now Seminole County, Oklahoma, but was then within Indian Territory. Cf. Choctaw Nation v. Oklahoma, 397 U.S. 620, 622-626, 90 S.Ct. 1328, 25 L.Ed.2d 615 (1970). By Article V of the Treaty of March 21, 1866, 14 Stat. 755, 757-58, the Nation granted a railroad right-of-way...

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