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UNITED STATES v. WINNEBAGO TRIBE OF NEBRASKA

Nos. 75-1873, 75-1874, 75-1895, 75-1896, 75-1901 and 75-1933.

542 F.2d 1002 (1976)

UNITED STATES of America, Appellant, v. WINNEBAGO TRIBE OF NEBRASKA et al., Appellees. UNITED STATES of America, Appellant, v. Maurice R. CHOQUETTE et al., Appellees. UNITED STATES of America, Appellee, v. Gilbert P. JAURON et al., Appellants. UNITED STATES of America, Appellee, v. Maurice R. CHOQUETTE et al., Appellants. UNITED STATES of America, Appellee, v. Calvary M. LINSCOTT et al., Appellants. UNITED STATES of America, Appellee, v. WINNEBAGO TRIBE OF NEBRASKA et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1976.

Attorney(s) appearing for the Case

Robert Kerry, Appellate Sec., Lands & Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., for appellant, United States.

John E. Echohawk, Native American Rights Fund, Boulder, Colo., for appellee, Winnebago Tribe.

Robert R. Eidsmoe, Sioux City, Iowa, for appellees, Linscott, et al.

Robert E. Beebe, Sioux City, Iowa, for appellees, Choquette and Jauron.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

HEANEY, Circuit Judge.

The United States, through the Army Corps of Engineers, brought suit to acquire by eminent domain certain lands for use in the Oxbow Recreation Lakes, Snyder-Winnebago Complex, Missouri River Recreation Lakes Project. Trial was before a condemnation commission pursuant to Federal Rule of Civil Procedure 71A(h). The commission found the highest and best use of the lands taken to be recreational. It awarded compensation for those lands and severance...

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