SWIMMING TURTLE v. BD. OF CTY. COM'RS. OF MIAMI CTY.

No. S 74-98.

441 F.Supp. 374 (1977)

SWIMMING TURTLE, a/k/a Oliver Godfroy, Plaintiff, v. The BOARD OF COUNTY COMMISSIONERS OF MIAMI COUNTY, Earl Yoars, Individually and in his capacity as Commissioner of Miami County, Thomas Denton, Individually and in his capacity as Commissioner of Miami County, Harold Smith, Individually and in his capacity as Commissioner of Miami County, Jerry Beebe, Individually and in his capacity as Assessor for Miami County, Wilma Fishback, Individually and in her capacity as Auditor for Miami County, Harold Borden, Individually and in his capacity as Trustee for Butler Township, Robert Williams, Individually and in his capacity as Treasurer for Miami County, Defendants.

United States District Court, N. D. Indiana, South Bend Division.

August 25, 1977.


Attorney(s) appearing for the Case

Thomas N. Tureen, Barry A. Margolin, Calais, Maine, Hugo E. Martz, Valparaiso, Ind., for plaintiff.

James A. Grund, Peru, Ind., Theodore L. Sendak, Atty. Gen., State of Indiana, Indianapolis, Ind., for defendants.


MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

The plaintiff is the great grandson of Francis Godfroy and is the fee simple owner of a 79.03 acre tract of real estate located in Miami County, Indiana. Francis Godfroy was one of the last War Chiefs of the Miami Tribe of Indians. This tract has remained in the descendants of Francis Godfroy as to both title and possession from the time that the United States of America relinquished title to the same in...

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