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PALLIN v. UNITED STATES

No. 71-1624.

496 F.2d 27 (1974)

Irene Mitchell PALLIN, Plaintiff-Appellee, v. UNITED STATES of America and Edward Elmer Mitchell, Jr., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing May 30, 1974.

Attorney(s) appearing for the Case

Carl Strass (argued), George R. Hyde, Dept. of Justice, Washington, D. C., James L. Browning, Jr., U. S. Atty., Shiro Kashiwa, Asst. Atty. Gen., San Francisco, Cal., for defendants-appellants.

William C. Wunsch (argued), Faulkner, Sheehan, Wunsch & Hartman, San Francisco, Cal., for plaintiff-appellee.

Before ELY and TRASK, Circuit Judges, and MURPHY, District Judge.

OPINION

MURPHY, District Judge.

Defendant-appellant, Edward Mitchell, Jr., and his sister, plaintiff-appellee, Irene Mitchell Pallin, are both enrolled Indians of the Yurok Tribe. Both sought the same tract of land as an Indian allotment. The tract, 160 acres of the public domain located north of Hoopa in Humboldt County, California,1 was originally patented in 1907 to Nancy Burrill, grandmother of Edward and Irene. Since Nancy...

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