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SHORT v. UNITED STATES

Appeal No. 102-63.

719 F.2d 1133 (1983)

Jessie SHORT, et al., Appellants, v. The UNITED STATES, Cross-Appellant and Appellee, and Hoopa Valley Tribe, Cross-Appellant and Appellee.

United States Court of Appeals, Federal Circuit.

October 6, 1983.

Attorney(s) appearing for the Case

William C. Wunsch, Weyman I. Lundquist and William K. Shearer, San Diego, Cal., argued for appellants.

Thomas P. Schlosser, Seattle, Wash., argued for intervenor Hoopa Valley Indian Tribe.

James Earl Brookshire, U.S. Dept. of Justice, Washington, D.C., argued for appellee, United States.

Before RICH, DAVIS, BENNETT, SMITH and NIES, Circuit Judges.

DAVIS, Circuit Judge.

This ancient case (commenced against the Government in the Court of Claims some two decades ago) comes once again for appellate scrutiny. Ten years ago, in 486 F.2d 561, 202 Ct.Cl. 870 (1973), cert. denied, 416 U.S. 961, 94 S.Ct. 1981, 40 L.Ed.2d 313, the Court of Claims decided that the Hoopa Valley Reservation was one reservation all of whose Indian peoples (including, in general, non-Hoopa Indians residing...

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