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NAVAJO TRIBE v. UNITED STATES

Nos. 69, 299, 353, 179-A.

586 F.2d 192 (1978)

The NAVAJO TRIBE v. The UNITED STATES. The NEZ PERCE TRIBE OF IDAHO v. The UNITED STATES.

United States Court of Claims.

October 18, 1978.

Attorney(s) appearing for the Case

William C. Schaab, Albuquerque, N. M., attorney of record, for plaintiff Navajo Tribe.

Frances L. Horn, Washington, D. C., for plaintiff Nez Perce Tribe of Idaho; Angelo A. Iadarola, Washington, D. C., attorney of record; Wilkinson, Cragun & Barker, Washington, D. C., of counsel.

Dean K. Dunsmore and Craig A. Decker, Washington, D. C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D. C., for defendant in both cases.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KUNZIG and BENNETT, Judges, en banc.

ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT AND DISMISSAL

DAVIS, Judge:

These cases, transferred here from the Indian Claims Commission prior to its termination,1 confront the court with the troublesome but important issue of the extent to which the Commission (and this court, on transfer) can consider injuries done to Indian entities after August 13, 1946 (the date of enactment...

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