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PRAIRIE BAND OF POTTAWATOMIE TRIBE OF INDIANS v. UNITED STATES

Appeal No. 6-76.

564 F.2d 38 (1977)

The PRAIRIE BAND OF the POTTAWATOMIE TRIBE OF INDIANS, et al., v. The UNITED STATES.

United States Court of Claims.

October 19, 1977.

Attorney(s) appearing for the Case

Jack Joseph, Chicago, Ill., and Robert C. Bell, Jr., New Canaan, Conn., attorneys of record in Dockets 71 and 29-A, for appellants-cross appellees.

Robert S. Johnson, Topeka, attorney of record in Docket 15-C; Louis L. Rochmes, Washington, D.C., of counsel.

A. Donald Mileur, Washington, D.C., with whom was Asst. Atty. Gen. Peter R. Taft, Washington, D.C., for appellee-cross appellant; John B. Carlson and Bernard M. Sisson, Washington, D.C., of counsel.

Rodney J. Edwards, Duluth, Minn., for The Minnesota Chippewa Tribe, et al., amici curiae.

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

DAVIS, Judge.

In Prairie Band of the Pottawatomie Tribe v. United States, 28 Ind.Cl.Comm. 454 (1972), the Indian Claims Commission (Ind.Cl.Comm.) held that the Pottawatomi Tribe or Nation ceded to the United States (under the Treaty of September 26, 1833, 7 Stat. 431, and the Articles Supplementary of September 27, 1833, 7 Stat. 442) its recognized title to Royce Area 187 in eastern Wisconsin and northeastern Illinois, a large part of Royce Area 160 in Wisconsin...

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