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SHORT v. UNITED STATES

No. 102-63.

661 F.2d 150 (1981)

Jessie SHORT, et al. v. The UNITED STATES, Defendant, and Hoopa Valley Tribe of Indians, Defendant-Intervenor.

United States Court of Claims.

September 23, 1981.

Attorney(s) appearing for the Case

Harold C. Faulkner, San Francisco, Cal., atty. of record, William C. Wunsch, Weyman I. Lundquist, San Francisco, Cal., and William K. Shearer, San Diego, Cal., for certain plaintiffs. Wallace A. Sheehan, Faulkner, Sheehan & Wunsch, and Heller, Ehrman, White & McAuliffe, San Francisco, Cal., of counsel.

Clifford L. Duke, Jr., San Diego, Cal., atty. of record for certain plaintiffs. Bryan R. Gerstel and William K. Shearer, Duke & Gerstel, San Diego, Cal., of counsel.

James E. Brookshire, Springfield, Va., with whom was Acting Asst. Atty. Gen. Anthony C. Liotta, Washington, D. C., for defendant. Duard R. Barnes, Dept. of the Interior, Washington, D. C., of counsel.

Jerry C. Straus, Washington, D. C., atty. of record for defendant-intervenor. Edward M. Fogarty, Jerry R. Goldstein, and James A. Michaels, Wilkinson, Cragun & Barker, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, DAVIS, Judge, SKELTON, Senior Judge, and NICHOLS, KUNZIG, BENNETT and SMITH, Judges, en banc.

ON REQUEST FOR REVIEW OF TRIAL JUDGE'S OPINIONS DENYING DEFENDANT'S MOTION TO SUBSTITUTE AND DEFENDANT-INTERVENOR'S MOTION TO DISMISS

FRIEDMAN, Chief Judge:

In this suit, some 3,800 individuals who claim to be Indians of the Hoopa Valley Indian Reservation in Northern California (the Reservation) seek to recover their shares in the income from the sale of Reservation timber that the government distributed exclusively to another group of Indians of the Reservation...

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