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MITCHELL v. UNITED STATES

Nos. 772-71 to 775-71.

664 F.2d 265 (1981)

Helen MITCHELL, et al. v. The UNITED STATES.

United States Court of Claims.

October 21, 1981.

Attorney(s) appearing for the Case

Charles A. Hobbs, Washington, D. C., attorney of record for plaintiffs; Wilkinson, Cragun & Barker and Jerry R. Goldstein, Washington, D. C., of counsel.

George R. Hyde, Washington, D. C., with whom was Asst. Atty. Gen. Carol E. Dinkins, Washington, D. C., for defendant.

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

ON DEFENDANT'S MOTION TO DISMISS

DAVIS, Judge:

In United States v. Mitchell, 445 U.S. 535, 100 S.Ct. 1349, 63 L.Ed.2d 607 (1980), the Supreme Court reversed and remanded our prior decision in 219 Ct.Cl. 95, 591 F.2d 1300 (1979). We had held that plaintiff Indians could sue the United States for breach of trust relating to federal management...

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