FREDERICKS v. MANDEL

No. 80-1722.

650 F.2d 144 (1981)

Pete FREDERICKS, Appellee, v. Robert A. MANDEL, Austin Gillette, Tillie Walker, Roy Bird Bear, Williard Yellow Bird, August Little Soldier, Ralph Bird Bear, Eva Beaks, Sam Little Owl, Tom Eagle, Marie Wells, and Frank Felix, individually and as officials of the Three Affiliated Tribes of the Fort Berthold Reservation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1981.


Attorney(s) appearing for the Case

John O. Holm, Dickinson, N. D., for appellants.

Daniel H. Israel (argued), Dechert, Price & Rhoads, Denver, Colo., for appellee.

Before LAY, Chief Judge, ROSS, Circuit Judge, and ROBINSON, Senior District Judge.


LAY, Chief Judge.

Pete Fredericks is a rancher and the beneficial owner of approximately 4,600 acres of restricted trust allotments in the Fort Berthold Indian Reservation. He possesses a trust patent to the land by reason of his purchase of the interest of the original Indian allottees. Celina Mossett and her family own property the only access to which is through Fredericks' ranch. The Mossett family has never acquired a right-of-way across the ranch. A dispute...

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