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ANTOINE v. UNITED STATES

No. 82-1628.

710 F.2d 477 (1983)

Jacob Wallace ANTOINE, on his own behalf and also on behalf of his relatives similarly situated, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1983.

Attorney(s) appearing for the Case

Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Phillip N. Hogen, U.S. Atty., R.P. Murley, Asst. U.S. Atty., Sioux Falls, S.D., Jacques B. Gelin, Albert M. Ferlo, Jr., Attys., Dept. of Justice, Washington, D.C., for appellee.

Charles Rick Johnson, Johnson, Eklund & Davis, Gregory, S.D., for appellant.

Before HEANEY, ROSS and FAGG, Circuit Judges.

FAGG, Circuit Judge.

This action was brought by Jacob W. Antoine, an enrolled member of the Rosebud Sioux Tribe, pursuant to 25 U.S.C. § 345 to recover an allotment of Indian land, or damages for its loss, selected by his ancestor Wicatanynaun. We have previously held that the United States should not be required to grant a substitute allotment, Antoine v. United States, 637 F.2d 1177, 1182 (8th Cir.1981), but we have...

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