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SIOUX NATION OF INDIANS v. UNITED STATES

No. 148-78.

601 F.2d 1157 (1979)

SIOUX NATION OF INDIANS et al. v. The UNITED STATES.

United States Court of Claims.

June 13, 1979.

Attorney(s) appearing for the Case

Arthur Lazarus, Jr., Washington, D.C., attorney of record, for plaintiff; Marvin J. Sonosky, Sonosky, Chambers & Sachse, and William Howard Payne, Washington, D.C., of counsel.

Craig A. Decker, Washington, D.C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D.C., for defendant.

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

OPINION

FRIEDMAN, Chief Judge.

The issue in this case, here on appeal from the Indian Claims Commission under a special jurisdictional statute described below, is whether the Commission correctly held that an 1877 statute under which the United States acquired certain lands from the Sioux Indians constituted a taking of those lands for which the United States was required to pay just compensation under the fifth amendment. The Commission found the fair market...

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