HOLLOMAN v. WATT

No. 82-3096.

708 F.2d 1399 (1983)

Steven Mark HOLLOMAN; Michael James Holloman; David Emerson, Jr.; and Jeffrey Todd Emerson; Minor, by his father and next friend, David Emerson, Plaintiffs-Appellees, v. James WATT, Secretary of the Department of Interior; Forest Girard, Assistant Secretary of the Bureau of Indian Affairs; Sidney Mils, Acting Commissioner of the Bureau of Indian Affairs; United States Department of Interior; Bureau of Indian Affairs, a subdivision of the United States Department of Interior, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 20, 1983.


Attorney(s) appearing for the Case

Kerry L. Pickett, Pickett & Pickett, Spokane, Wash., for plaintiffs-appellees.

Claire L. McGuire, Dept. of Justice, Washington, D.C., for defendants-appellants.

Before BROWNING, Chief Judge, and FLETCHER and PREGERSON, Circuit Judges.


PER CURIAM:

The government appeals a judgment awarding damages to appellees for loss of tribal privileges arising out of acts of officials of the Bureau of Indian Affairs. We reverse. Appellees failed to carry their burden of showing congressional intent to waive the United States' sovereign immunity.

Appellees, the Holloman brothers and their cousins, the Emerson brothers, applied for enrollment as members of the Colville Indian Tribe in 1966. After reviewing...

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