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WICHITA AND AFFILIATED TRIBES OF OKLAHOMA v. HODEL

Nos. 85-5306, 85-5347.

788 F.2d 765 (1986)

WICHITA AND AFFILIATED TRIBES OF OKLAHOMA, Appellant v. Donald P. HODEL, Secretary, Department of Interior, et al. WICHITA AND AFFILIATED TRIBES OF OKLAHOMA v. Donald P. HODEL, Secretary, Department of Interior, et al. Appeal of CADDO TRIBE OF OKLAHOMA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 1986.

As Amended April 18, 1986.

Attorney(s) appearing for the Case

Patricia L. Brown, Indianapolis, Ind., for appellant in No. 85-5306, Wichita and Affiliated Tribes of Oklahoma.

John A. Bryson, Atty., Dept. of Justice, with whom Dirk D. Snel, Atty., Dept. of Justice, Washington, D.C., was on brief, for appellees in Nos. 85-5306 and 85-5347, Dept. of Interior, et al.

Rodney J. Edwards, Duluth, Minn., for appellee in No. 85-5306 and appellant in No. 85-5347, Caddo Tribe of Oklahoma.

Jap W. Blankenship, Oklahoma City, Okl., was on brief, for appellee in No. 85-5347, Delaware Tribe of Western Oklahoma.

Before WALD, SCALIA, and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This case deals with a 1963 Department of the Interior order restoring land to an Indian tribe that no longer existed in its original form, but which had been succeeded by three separate tribes. For approximately 15 years the three tribes were able to agree that each tribe would withdraw approximately equal amounts from the fund representing the income from the land. After that agreement...

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