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DENNISON v. TOPEKA CHAMBERS INDUS. DEVELOPMENT CORP.

Nos. 81-2376, 81-2494.

724 F.2d 869 (1984)

Tommy Joe DENNISON and Leonard Franklin Dennison, for certain heirs of twenty-three Kaw half-breed Indians, Appellants/Cross-Appellees, v. TOPEKA CHAMBERS INDUSTRIAL DEVELOPMENT CORPORATION, a Kansas corporation, and Security Benefit Life Insurance Company, a Kansas corporation, for all persons claiming an interest in Kaw half-breed reserves 1-23, Shawnee and Jefferson Counties, Kansas, Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

January 4, 1984.

Attorney(s) appearing for the Case

David Burlingame, Denver, Colo. (Martin M. Berliner of O'Connor & Hannan, Denver, Colo., and J.B. Craig of Bachmann, Arnold, Graybill & Craig, Wichita, Kan., with him on brief), for appellants/cross-appellees.

John C. Christie, Jr., Washington, D.C. (J. William Hayton, Stephen J. Landes, and Lucinda O. McConathy of Bell, Boyd & Lloyd, Washington, D.C., and Donald R. Newkirk and Gregory J. Stucky of Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., with him on brief), for appellees/cross-appellants.

Before SETH, Chief Judge, McWILLIAMS, Circuit Judge, and KERR, District Judge.

McWILLIAMS, Circuit Judge.

An 1825 treaty between the United States and the Kansas or Kaw Indians reserved, inter alia, from the cession of land by the Kaws to the United States, one-mile square tracts of land for each of 23 named half-breeds. Treaty with the Kansas Nation of Indians, June 3, 1825, 7 Stat. 244. This proceeding seeks to determine present ownership of the land thus reserved in the 1825 treaty. The land involved comprises approximately 14,500...

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