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UNITED STATES v. ONEIDA NATION OF NEW YORK

No. 5-76.

576 F.2d 870 (1978)

UNITED STATES v. The ONEIDA NATION OF NEW YORK et al.

United States Court of Claims.

May 17, 1978.

Attorney(s) appearing for the Case

A. Donald Mileur, Washington, D.C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D.C., for appellant; M. Edward Bander, Washington, D.C., of counsel.

Marvin S. Chapman, Chicago, Ill., for appellees; Dean A. Dickie and Aaron, Aaron, Schimberg & Hess, Chicago, Ill., of counsel.

Before DAVIS, NICHOLS and KUNZIG, Judges.

ON APPEAL FROM THE INDIAN CLAIMS COMMISSION

DAVIS, Judge.

This is an unusual case, harking back to the preconstitutional period of our country's history, under the "fair and honorable dealings" clause of the Indian Claims Commission Act, 25 U.S.C. § 70a(5) (1970).1 Claims one and two of a suit filed in the Indian Claims Commission by the appellee, Oneida Nation of New York, alleged...

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