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U. S. v. TURTLE MTN. BAND OF CHIPPEWA INDIANS

Appeal No. 8-78.

612 F.2d 517 (1979)

The UNITED STATES, Appellant, v. TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS, Red Lake and Pembina Bands, Little Shell Band of Montana, and Little Shell Band of North Dakota, Appellees.

United States Court of Claims.

December 12, 1979.

Attorney(s) appearing for the Case

Dean K. Dunsmore, Washington, D. C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D. C., for appellant. Robert E. Fraley, Washington, D. C., of counsel.

Glen A. Wilkinson, Washington, D. C., attorney of record for Turtle Mountain Band of Chippewa Indians, for the appellees.

Rodney J. Edwards, Duluth, Minn., attorney of record for Red Lake and Pembina Bands.

Lawrence C. Mills, Chicago, Ill., attorney of record for Little Shell Band of Montana and Little Shell Band of North Dakota.

Marvin J. Sonosky, Harry R. Sachse, Sonosky, Chambers & Sachse, Washington, D. C., Stormon & Stormon, Rolla, N. D., Frances L. Horn, Wilkinson, Cragun & Barker, Washington, D. C., Jack Joseph, Chicago, Ill., Louis L. Rochmes, Washington, D. C., and Mills & Garrett, Chicago, Ill., of counsel.

Before FRIEDMAN, Chief Judge, NICHOLS and SMITH, Judges.

ON APPEAL FROM THE INDIAN CLAIMS COMMISSION

FRIEDMAN, Chief Judge.

This is an appeal by the United States from an interlocutory order of the Indian Claims Commission awarding plaintiff Indian bands (appellees here) $52,527,337.97 as compensation for the extinguishment of their aboriginal title to land. The amount is the difference between the fair market value of the land on the date of extinguishment of the aboriginal title and the compensation

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