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KENNERLY v. UNITED STATES

No. 82-3196.

721 F.2d 1252 (1983)

Robert KENNERLY, as personal representative of the estate of Leo Kennerly, Sr., the original plaintiff, Plaintiff-Appellant, v. The UNITED STATES of America; James Watt, individually and as Secretary of Department of Interior; Anson Baker, individually and as former Superintendent of Blackfeet Agency; Jack Shoemake, individually and as former Superintendent of Blackfeet Agency; Michael Fairbanks, individually and as Superintendent of Blackfeet Agency; Merle Magee, Sr., individually and as a member of Blackfeet credit committee; Archie St. Goddard, individually and as a member of Blackfeet credit committee; Eloise Englund, individually and as member of Blackfeet credit committee; Lucille McKay, individually, as an agent of the Bureau of Indian Affairs and as an agent of the Blackfeet Tribe; and The Blackfeet Indian Tribe, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1983.

Attorney(s) appearing for the Case

Steven L. Bunch, Montana Legal Services Asso., Helena, Mont., for plaintiff-appellant.

Kurt V. Blue Dog, Boulder, Colo., for defendants-appellees.

Before WALLACE and SCHROEDER, Circuit Judges, and COYLE, District Judge.

SCHROEDER, Circuit Judge:

Leo Kennerly, Sr., a member of the Blackfeet Indian Tribe, brought this action in the district court against the United States, officers of the Department of Interior and Bureau of Indian Affairs, the Blackfeet Tribe, and members of the Tribal Credit Committee. The suit challenged, on due process and breach of trust grounds, the government's withdrawal of funds from Kennerly's tribal land income fund to repay debts owed to the Tribe; the...

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