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TOINEETA v. ANDRUS

No. B-C-80-97.

503 F.Supp. 605 (1980)

Pearle TOINEETA, Plaintiff, v. Cecil D. ANDRUS, Secretary of the Interior; Sidney L. Mills, Acting Assistant Secretary of the Interior; William Hallett, Commissioner of Indian Affairs; Harry Rainbolt, Director of the Eastern Area Office Bureau of Indian Affairs; Jeff W. Muskrat; Robert Evans; Jerome Parker; John Crowe; Leroy Wahneetah; Glen Joe Bradley; Thomas Lambert; Bertha Saunooke; Robin Toineeta; Quentin Beck; Gerard Parker; Ammons Rattler; Woodrow Lossiah; Jonathon Taylor; Albert Martin; John Henry Maney; Lawrence Thompson; Myrtle Jenkins; Jesse Littlejohn; McKinley Swimmer; Tom Bradley; Ned Long and Mose Wachacha, individually and in their official capacities, Defendants.

United States District Court, W. D. North Carolina, Bryson City Division.

August 15, 1980.

Attorney(s) appearing for the Case

James H. Holloway, Western N. C. Legal Services, Cherokee, N. C., for plaintiff.

Ben Oshel Bridgers, Holt, Haire & Bridgers, Sylva, N. C., for Indian defendants.

Max O. Cogburn, Jr., Asst. U. S. Atty., Asheville, N. C., for Government.

WOODROW WILSON JONES, Chief Judge.

The Plaintiff, Pearle Toineeta an enrolled member of the Eastern Band of Cherokee Indians brought this action against certain federal officials and members and officials of the Tribal Council, seeking a writ of mandamus against the federal officials and declaratory and injunctive relief against the Council and its members and officials relative to her possessory rights in tribal lands...

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