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UNITED STATES v. MESCALERO APACHE TRIBE

Appeal Nos. 2-74, 10-74 and 12-74.

518 F.2d 1309 (1975)

The UNITED STATES of America, Appellant, v. MESCALERO APACHE TRIBE et al., Appellee. The UNITED STATES of America, Appellant, v. The SHOSHONE-BANNOCK TRIBES OF the FORT HALL RESERVATION, IDAHO, Appellee. The UNITED STATES of America, Appellant, v. TE-MOAK BANDS OF WESTERN SHOSHONE INDIANS OF NEVADA et al., Appellee-Cross-Appellant.

United States Court of Claims.

July 11, 1975.

Attorney(s) appearing for the Case

A. Donald Mileur, Washington, D.C., with whom was Asst. Atty. Gen. Wallace H. Johnson, for appellant. Richard L. Beal, U. S. Dept. of Justice, Washington, D.C., for appellant in No. 2-74.

Craig A. Decker, Washington, D.C., atty. for appellant in Nos. 10-74 and 12-74.

I. S. Weissbrodt, Washington, D.C., atty. of record for appellee, Mescalero Apache Tribe. Weissbrodt & Weissbrodt, Richmond F. Allan and Howard L. Sribnick, Washington, D.C., of counsel.

Pierre J. LaForce, Washington, D.C., for appellees The Shoshone-Bannock Tribes and Te-Moak Bands of Western Shoshone Indians. Frances L. Horn, Washington, D.C., atty. of record. Wilkinson, Cragun & Barker and Robin A. Friedman, Washington, D.C., of counsel.

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

ON APPEAL FROM THE INDIAN CLAIMS COMMISSION

SKELTON, Judge.

This is an appeal by the Government from orders of the Indian Claims Commission (Commission) in three Indian accounting cases (consolidated for this appeal) in which the Commission awarded simple and compound interest from 1883 to 1930 against the Government on trust funds it held for the three appellee Indian Tribes, notwithstanding the provisions of 28 U.S.C. § 2516(a) (1970) and the well...

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