Oitzelle EPPS et al., Plaintiffs-Appellants,
v.
Cecil ANDRUS et al., Defendants-Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued September 11, 1979.
Decided December 19, 1979.
Attorney(s) appearing for the Case
Robert C. Hahn, Boston, Mass., with whom Hahn & Matkov, Boston, Mass., was on brief, for plaintiffs-appellants.
Allan van Gestel, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Leah S. Crothers, Asst. Atty. Gen., Paul F. McDonough, Jr., Tobin N. Harvey, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for defendants-appellees Julia Bird, John E. Fenton, Jr., Sherman and Harriet Hoar, Jane T. Knight, Robert B. and Ruth N. Marshall, William I. Randall, David C. and Elizabeth M. Seager, Sheriff's Meadow Foundation, Inc., Marilyn M. Sullivan, and Diana B. Vauclain.
Leonard E. Perry, New Bedford, Mass., with whom Perry, Hicks & McCawley, New Bedford, Mass., was on brief, for defendants-appellees William W. Pinney, Olive Child Tilghman, and Henry A. Tilghman.
Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., Washington, D. C., Edward F. Harrington, U. S. Atty., Carolyn Grace, Asst. U. S. Atty., Boston, Mass., Edward J. Shawaker and James E. Brookshire, Attys., Dept. of Justice, Washington, D. C., were on brief, for the Federal defendants-appellees.
Before COFFIN, Chief Judge, KUNZIG, Judge, U.S. Court of Claims, BOWNES, Circuit Judge.
United States Court of Appeals, First Circuit.
PER CURIAM.
Plaintiffs appeal from a judgment of the district court dismissing their complaint. The critical issue is whether plaintiffs have stated a claim for relief under the Indian Non-Intercourse and Trade Act, now codified at 25 U.S.C. § 177 (1976). We affirm the decision of the district judge. Since plaintiffs are not making a tribal claim, they are not covered by 25 U.S.C. § 177 (1976).
The Chappaquiddick Indians held aboriginal title to...
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