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ANDERSEN v. BUREAU OF INDIAN AFFAIRS

No. 83-2335.

764 F.2d 1344 (1985)

Gerald P. and Patricia ANDERSEN, Plaintiffs-Appellees, v. BUREAU OF INDIAN AFFAIRS, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 5, 1985.

Attorney(s) appearing for the Case

William P. French, Norton, Burke, Berry & French, Phoenix, Ariz., for plaintiffs-appellees.

Wendy Jacobs, Lands Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Before SNEED and FLETCHER, Circuit Judges, and BURNS, District Judge.

FLETCHER, Circuit Judge:

The Bureau of Indian Affairs appeals from a summary judgment awarding it $35,938 of $1,000,000 in proceeds from crops planted and harvested on tribal land by a former lessee after termination of his lease, and awarding the balance of the proceeds to the lessee. We reverse.

I. FACTS

In 1976, the Andersens and the Gila River Indian Community (the tribe) entered into an eight-year lease, which authorized the Andersens to farm...

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