GROSZ v. ANDRUS

No. 75-3186.

556 F.2d 972 (1977)

Donna GROSZ, Bruce Wilkie, and Patrick Wilkie, Jr., Plaintiffs-Appellants, v. Cecil ANDRUS, Secretary of the United States Department of the Interior, George Felshaw, Superintendent, Western Washington Agency, Bureau of Indian Affairs, Makah Tribal Court, and Hary McCarty, Jr., and Loretta Cooke, Individually, Judges of the Makah Tribal Court, and Timber Traders, Inc., and Del Hur Construction, a Washington Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 11, 1977.


Attorney(s) appearing for the Case

Sidney J. Strong, Halverson, Strong, Moen & Chemnick, Seattle, Wash., argued, for plaintiffs-appellants.

Walter Kiechel, Jr., Acting Asst. Atty. Gen., Carl Strass, Michael A. McCord, Attys., Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued, for defendants-appellees.

Before LUMBARD, WRIGHT and ANDERSON, Circuit Judges.


J. BLAINE ANDERSON, Circuit Judge:

Appellants are Indian landowners seeking to quiet title to a portion of their trust lands. The suit was brought against the United States and others. The district court dismissed the claims against all of the original defendants. However, before this court, the Indian landowners contest only the dismissal of their claim as it relates to the United States.

This suit arises from a dispute over the ownership of a road running...

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