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UNITED STATES v. CLARKE

No. 78-1693.

445 U.S. 253 (1980)

UNITED STATES v. CLARKE ET AL.

Supreme Court of United States.

Decided March 18, 1980.

Attorney(s) appearing for the Case

Harlon L. Dalton argued the cause for the United States. With him on the brief were Solicitor General McCree, Assistant Attorney General Moorman, Dirk Snel, and Carl Strass. Robert S. Pelcyger argued the cause for Bertha Mae Tabbytite, respondent under this Court's Rule 21 (4), in support of the United States. With him on the briefs was Vincent Vitale.

Richard Arthur Weinig argued the cause and filed a brief for respondents.

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

We granted the petition for certiorari of the United States in this case, 444 U.S. 822, to decide the question "[w]hether 25 U. S. C. [§] 357 authorizes a state or local government to `condemn' allotted Indian trust lands by physical occupation." Pet. for Cert. 2. That statute, in turn, provides in pertinent part:

"[L]ands allotted in severalty to Indians...

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