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UNITED STATES v. FT. SILL APACHE TRIBE OF S. OF OKL.

Appeal No. 19-74.

533 F.2d 531 (1976)

The UNITED STATES of America, Appellant, v. The FORT SILL APACHE TRIBE OF the STATE OF OKLAHOMA, Appellee.

United States Court of Claims.

April 14, 1976.

Attorney(s) appearing for the Case

Dean K. Dunsmore, with whom was Asst. Atty. Gen. Peter R. Taft, Washington, D.C., for appellant.

I. S. Weissbrodt, Washington, D.C., attorney of record for appellee. Richmond F. Allan, Billings, Mont., Abe W. Weissbrodt, Ruth W. Duhl, Howard L. Sribnick, and Weissbrodt & Weissbrodt, Washington, D.C., of counsel.

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

NICHOLS, Judge.

This appeal is against an award for "trespass damages" and is another phase of a litigation almost as full of dramatic contest, confrontation, and strange turns of fate, as is the history of the claimant tribe or band in the period to which its claims relate, the nineteenth century. From the filing of the petition, August 1, 1951, there were pending simultaneous claims under the Indian Claims Commission Act, 25 U.S.C. Sec. 70 and ff., for the taking...

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