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MOTTAZ v. UNITED STATES

No. 83-2582.

753 F.2d 71 (1985)

Florence Blacketter MOTTAZ, on behalf of herself and all others similarly situated, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 18, 1985.

Rehearing and Rehearing Denied April 29, 1985.

Attorney(s) appearing for the Case

Derck Amerman, Leonard A. Zolna, Jr., Minneapolis, Minn., for appellants.

Kim Jerome Gottschalk, Native American Rights Fund, Boulder, Colo., for Clover Potter.

F. Henry Habicht, II, Asst. Atty. Gen., Larry M. Corcoran, David C. Shilton, J. Carol Williams, Attys., Dept. of Justice, Washington, D.C., for appellee; Mariana R. Shulstad, U.S. Dept. of the Interior, Twin Cities, Minn., of counsel.

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

Rehearing and Rehearing En Banc Denied April 29, 1985.

HEANEY, Circuit Judge.

Florence Blacketter Mottaz1 appeals the district court's dismissal of her "Secretarial Transfer"2 suit against the United States on the ground the twenty-seven-year-old claim was time-barred by 28 U.S.C. § 2401(a) (1982). For the reasons set forth below, we reverse and remand.

I. BACKGROUND.

On December...

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