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UNITED STATES v. CLARKE

No. 74-1659.

529 F.2d 984 (1976)

UNITED STATES of America, Plaintiff-Appellant, and Bertha Mae Tabbytite, Plaintiff-Intervenor, v. Glen M. CLARKE et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 4, 1976.

Attorney(s) appearing for the Case

Carl Strass, Atty. (argued), Lands & Natural Resources, U. S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Albert Maffei (argued), Anchorage, Alaska, for defendant-appellee.

Randall E. Farleigh (argued), of Robison, McCaskey, Strachan, & Hoge, Anchorage, Alaska, for defendant-appellee, Anchorage Natural Gas.

Before DUNIWAY, TRASK and SNEED, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

The United States, joined by Bertha Mae Tabbytite as an intervenor, brought suit to enjoin the defendant class from trespassing on land patented to Tabbytite, an Indian, under 25 U.S.C. §§ 331-32 as an Indian trust allotment, and to recover compensatory and punitive damages for trespass upon that land from 1958 through 1969. The district court denied an injunction, finding that the defendants had an easement implied...

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