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RUSS v. WILKINS

No. 76-2776.

624 F.2d 914 (1980)

Joseph A. RUSS, James Whipple, and the Covelo Indian Community of the Round Valley Indian Reservation, Plaintiffs, Plaintiff in Intervention and Appellees, v. Richard E. WILKINS et al., Defendants and Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1980.

Attorney(s) appearing for the Case

Charles W. Getz, IV, Cal. Dept. of Justice, San Francisco, Cal., for defendants and appellants.

Michael A. McCord, U.S. Dept. of Justice, Washington, D.C., for United States, amicus curiae.

Art Bunce, Karshmer & Bunce, Escondido, Cal., James F. King, Jr. Willits, Cal., Cal. Indian Legal Services, Ukiah, Cal., for plaintiffs, plaintiff in intervention and appellees.

Before BROWNING and HUG, Circuit Judges, and HOFFMAN, Senior District Judge.

HUG, Circuit Judge:

This action concerns the boundaries of the Round Valley Indian Reservation in Mendocino County, California, where the members of the Covelo Indian Community reside. The appellants contend that the Round Valley Indian Reservation, as established by a Congressional Act of 1873, was reduced in size by a Congressional Act of 1890. The appellees maintain that the Act of 1890 merely authorized the sale to non-Indians of a portion of the reservation land...

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