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UNITED STATES v. OVERLIE

No. 83-1213.

730 F.2d 1159 (1984)

UNITED STATES of America, Appellee, v. Wendell OVERLIE, d.b.a. Overlie Trucking, and Darlene Overlie; Clifford Mossett and Celina Y.B. Mossett; Purley W. Van Dyke and Geraldine Van Dyke; and Anthony E. Two Bears and Denise M. Two Bears, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 28, 1984.

Attorney(s) appearing for the Case

Thomas K. Schoppert, New Town, N.D., for Overlie and Two Bears.

James P. Fitzsimmons, North Dakota Legal Services, New Town, N.D., for Mossett and Van Dyke.

Raymond Cross, Christopher D. Quale, New Town, N.D., for amicus curiae.

Carol E. Dinkins, Asst. Atty. Gen., Rodney S. Webb, U.S. Atty., Fargo, N.D., Gary Annear, First Asst. U.S. Atty., Fargo, N.D., Dirk D. Snel, Maria A. Iizuka, Attys., Dept. of Justice, Washington, D.C., for U.S.

Before BRIGHT, JOHN R. GIBSON and FAGG, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The issue before this court is whether the United States is authorized to withhold and garnish the per capita shares of judgment funds awarded to tribal members by the United States Claims Court and distributed by plans adopted pursuant to the Distribution of Judgment Funds Act, Pub.L. 93-134, 87 Stat. 466 (codified as amended at 25 U.S.C. §§ 1401-1407 (1976)). The district court held that the government possessed such authority...

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