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UNITED STATES v. NORTHERN PAIUTE NATION

Appeal No. 18-72.

490 F.2d 954 (1974)

The UNITED STATES of America, Appellant, v. The NORTHERN PAIUTE NATION et al., Appellees.

United States Court of Claims.

January 23, 1974.

Attorney(s) appearing for the Case

Marvin E. Schneck, Washington, D. C., with whom was Asst. Atty. Gen. Wallace H. Johnson, for appellant.

Richmond F. Allan, Washington, D. C., for appellees. I. S. Weissbrodt, Washington, D. C., atty. of record. Abe W. Weissbrodt, Ruth W. Duhl and Weissbrodt & Weissbrodt, Washington, D. C., of counsel.

Before LARAMORE, Senior Judge, and NICHOLS and BENNETT, Judges.

NICHOLS, Judge.

This is an appeal by the United States. It calls on us to review an interlocutory determination, an order of the Indian Claims Commission, 28 Ind.Cl.Comm. 256 (1972), which holds that the defendant is liable to the plaintiffs for the resources removed (by any and all persons, apparently) from the Nevada portion of the Paviotso tract prior to the date of extinguishment of plaintiffs' aboriginal title, December 31, 1862, but after the United States acquired...

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