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WICHITA INDIAN TRIBE v. UNITED STATES

Appeal Nos. 371, 372.

696 F.2d 1378 (1983)

WICHITA INDIAN TRIBE and its Affiliated Bands and Groups, namely, the Keechi, Tawakonie, and Waco, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 10, 1983.

Attorney(s) appearing for the Case

Charles A. Hobbs, Washington, D.C., argued for appellants. With him on the brief were Paul M. Niebell, Wilkinson, Cragun & Barker, and Frances L. Horn, Washington, D.C.

Bernard M. Sisson, Washington, D.C., argued for appellee. With him on the brief were Asst. Atty. Gen. Carol E. Dinkins and Glen R. Goodsell, Washington, D.C.

Before RICH, NICHOLS and BENNETT, Circuit Judges.

NICHOLS, Circuit Judge.

I

Issues

These consolidated cases are before the court on appeal from a judgment* of the United States Claims Court dismissing the petitions of the Wichita Tribe and its affiliated bands and groups for compensation from the United States for the taking of lands held by aboriginal title. In his recommended decision, Senior Trial Judge Mastin G. White concluded that when the United States...

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