WEEKS v. UNITED STATES

Nos. CIV-73-586-E and CIV-74-368-D.

406 F.Supp. 1309 (1975)

Wanda June WEEKS, Plaintiff, v. UNITED STATES of America et al., Defendants. Dorothy FRAZIER and Ruth Rattler, on their own behalf and on behalf of all those similarly situated, Plaintiffs, v. Stanley K. HATHAWAY, Individually and in his capacity as Secretary of the Interior of the United States of America, Defendant, The Delaware Tribe of Indians et al., Intervenors.

United States District Court, W. D. Oklahoma.

December 18, 1975.


Attorney(s) appearing for the Case

Delmer L. Stagner and Stephen P. Friot, Oklahoma City, Okl. (Halley, Spradling, Stagner & Alpern, Oklahoma City, Okl., and Henry B. "Boots" Taliaferro, Jr., Casey, Lane & Mittendorf, Washington, D. C., of counsel, on the briefs), for plaintiff Weeks.

John G. Ghostbear, Tulsa, Okl., for plaintiffs Frazier and Rattler.

Duard R. Barnes, Asst. Sol. of Indian Affairs, U. S. Dept. of Interior, Washington, D. C., and Givens L. Adams, Asst. U. S. Atty., Oklahoma City, Okl. (William R. Burkett, U. S. Atty., Oklahoma City, Okl., on the briefs), for defendant Secretary of the Interior.

Bruce Miller Townsend, Tulsa, Okl., and Clyde J. Watts, Oklahoma City, Okl. (Watts, Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., on the briefs), for defendant and intervenors, The Delaware Tribal Business Committee, and others.

Granville Tomerlin and B. J. Rothbaum, Jr., Oklahoma City, Okl. (Tomerlin, High & Patton, Oklahoma City, Okl., on the brief), for defendant The Absentee Delaware Tribe of Oklahoma Business Committee.

Before HOLLOWAY, Circuit Judge, DAUGHERTY, Chief District Judge, and EUBANKS, District Judge.


MEMORANDUM OPINION

HOLLOWAY, Circuit Judge.

These suits challenge the constitutionality of two federal statutes. The first, Pub.L. 90-508, 82 Stat. 861, 25 U.S.C.A. §§ 1181-1186, determines the Indian descendants who may participate in the distribution of an Indian Claims Commission award redressing a wrong by the United States under an 1818 treaty with the Delaware Tribe. 7 Stat. 188.

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