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UNITED STATES v. SIOUX NATION OF INDIANS

Appeal No. 16-74.

518 F.2d 1298 (1975)

The UNITED STATES of America, Appellant, v. The SIOUX NATION OF INDIANS et al., Appellees.

United States Court of Claims.

June 25, 1975.

Attorney(s) appearing for the Case

Craig A. Decker, Washington, D. C., with whom was Asst. Atty. Gen. Wallace H. Johnson, for appellant.

Arthur Lazarus, Jr., Washington, D. C., atty. of record, for the Pine Ridge Sioux Tribe.

Marvin J. Sonosky, Washington, D. C., atty. of record, for the Rosebud Sioux Tribe, Standing Rock Sioux Tribe, Crow Creek Sioux Tribe, Lower Brule Sioux Tribe and Santee Sioux Tribe.

William Howard Payne, Washington, D. C., atty. of record, for the Cheyenne River Sioux Tribe and the Sioux of the Fort Peck Reservation, Montana.

Before COWEN, Chief Judge, DURFEE, Senior Judge, DAVIS, SKELTON, NICHOLS, KUNZIG and BENNETT, Judges.

ON APPEAL FROM THE INDIAN CLAIMS COMMISSION

NICHOLS, Judge.

This appeal of the Indian Claims Commission's interlocutory order of February 15, 1974, raises essentially the question whether by the Act of February 28, 1877, 19 Stat. 254, and otherwise, the United States took the Sioux Nation's property in the Black Hills, South Dakota, by the power of eminent domain, or by a course of unfair and dishonorable dealing not amounting to a constitutional taking...

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