MASHPEE TRIBE v. TOWN OF MASHPEE

Civ. A. No. 76-3190-S.

447 F.Supp. 940 (1978)

MASHPEE TRIBE, Plaintiff, v. TOWN OF MASHPEE et al., Defendants.

United States District Court, D. Massachusetts.

March 24, 1978.


Attorney(s) appearing for the Case

Native American Rights Fund, Barry A. Margolin, Moshe Genauer, Boston, Mass., Thomas N. Tureen, Dennis M. Montgomery, Calais, Maine, Lawrence D. Shubow, Ann Gilmore, Shubow, Stahlin & Bergstresser, Boston, Mass., for plaintiff.

Allan Van Gestel, James J. Dillon, Goodwin, Procter & Hoar, James D. St. Clair, Stephen H. Oleskey, William F. Lee, Hale & Dorr, Andrew J. McElaney, Jr., Asst. Atty. Gen., Commonwealth of Massachusetts, Boston, Mass., Selma R. Rollins, Rollins, Rollins & Fox, Brookline, Mass., Morris Kirsner, Edwin J. Carr, May, Bilodeau, Dondis & Landergan, Thomas Otis, Boston, Mass., Thomas B. Shea, Gargiulo & Holian, Cambridge, Mass., for defendants.


MEMORANDUM AND ORDER FOR JUDGMENT

SKINNER, District Judge.

This action was brought by the Mashpee Tribe of Indians to recover possession of tribal lands allegedly alienated from the tribe in violation of the Indian Nonintercourse Act (25 U.S.C. § 177). The defendants' answer put in issue whether the plaintiff group was in fact an Indian tribe for purposes of the Act at the time suit was brought and at other...

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