JAMES v. WATT

No. 83-1026.

716 F.2d 71 (1983)

Frank B. JAMES, et al., Plaintiffs, Appellants, v. James G. WATT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 24, 1983.


Attorney(s) appearing for the Case

Robert C. Hahn, Boston, Mass., with whom William A. Hahn, Boston, Mass., and Hahn & Matkov were on brief, for plaintiffs, appellants.

Allan van Gestel, Boston, Mass., with whom Andrew S. Hogeland, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for defendants, appellees Christopher S. Look, Jr., as Sheriff of Dukes County, Beverly W. King, as Register of Deeds for Dukes County, and Alexander D. Forger, Trustee.

Thomas N. Tureen, with whom Tureen & Margolin, Portland, Me., was on brief, for defendant, appellee Wampanoag Tribe of Gay Head.

Thomas R. Kiley, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Paul R. Matthews, Asst. Atty. Gen., Boston, Mass., were on brief, for defendant, appellee Commonwealth of Mass.

Jacques B. Gelin, Attorney, Dept. of Justice, Washington, D.C., with whom Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., William F. Weld, U.S. Atty., Boston, Mass., and Anne S. Almy, Attorney, Dept. of Justice, Washington, D.C., were on brief, for defendant, appellee United States Secretary of Interior.

Before COFFIN and BREYER, Circuit Judges, and SELYA, District Judge.


BREYER, Circuit Judge.

The plaintiffs in this case are individual Indians who claim an interest in land on Gay Head Peninsula, Martha's Vineyard, Massachusetts. In order to prevail, they must upset the present landowners' chain of title by showing that certain conveyances made many years ago by the Gay Head Indian tribe (or by individual Indians) are invalid. The district court granted summary judgment against the plaintiffs, from which they appeal. We find...

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