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NAVAJO TRIBE OF INDIANS v. UNITED STATES

No. 229.

597 F.2d 1362 (1979)

The NAVAJO TRIBE OF INDIANS v. The UNITED STATES.

United States Court of Claims.

April 18, 1979.

Attorney(s) appearing for the Case

William C. Schaab, Albuquerque, N. M., attorney of record for plaintiff. Rodey, Dickason, Sloan, Akin & Robb, Paul D. Barber and Sarah W. Barlow, Albuquerque, N. M., of counsel.

Dean K. Dunsmore, Washington, D.C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D.C., for defendant.

Jack Joseph, Chicago, Ill., amicus curiae.

Frances L. Horn, Washington, D.C., for Three Affiliated Tribes of the Fort Berthold Reservation, Shoshone Bannock Tribe of the Fort Hall Reservation, Blackfeet and Gros Ventre Tribes of the Blackfeet and Fort Belknap Reservations, Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, Te-Moak Bands of Western Shoshone Indians, Yankton Sioux Tribe, and Turtle Mountain Band of Chippewa Indians, amicus curiae. Wilkinson, Cragun & Barker, Charles A. Hobbs, Jerry C. Straus, and Jerry R. Goldstein, Washington, D.C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KUNZIG, BENNETT and SMITH, Judges,

ON DEFENDANT'S REQUEST FOR REVIEW OF ORDERS OF THE TRIAL JUDGE

PER CURIAM:

This case is before the court on the government's request for review of two orders of Trial Judge C. Murray Bernhardt, dated March 22, 1978 and May 3, 1978, granting rehearing of an order of the Indian Claims Commission that limited the claim the plaintiff Indian tribe could present in this case. After considering the briefs, which include filings by amici curiae, but without...

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