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CHEYENNE RIVER SIOUX TRIBE v. UNITED STATES

Appeal Nos. 85-2261, 85-2262, 85-2264 and 85-2269.

806 F.2d 1046 (1986)

CHEYENNE RIVER SIOUX TRIBE and Oglala Sioux Tribe, Appellants/cross-appellees, and Sioux Tribe of Indians, Cross-appellants, v. The UNITED STATES, Appellee/cross-appellant.

United States Court of Appeals, Federal Circuit.

December 5, 1986.

Attorney(s) appearing for the Case

Mario Gonzalez, Oglala Sioux Legal Dept., Pine Ridge, S.D., argued for appellants/cross-appellees.

Arthur Lazarus, Jr., Fried, Frank, Harris, Shriver & Jacobson, of Washington, D.C., argued for cross-appellants Sioux Tribe of Indians. With him on the brief were Marvin J. Sonosky and William Howard Payne.

Jacques B. Gelin, Dept. of Justice, Washington, D.C., argued for appellee/cross-appellant. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen., Edward J. Passarelli and Robert L. Klarquist.

Before MARKEY, Chief Judge, FRIEDMAN, Circuit Judge, and BENNETT, Senior Circuit Judge.

FRIEDMAN, Circuit Judge.

This is an appeal from a judgment of the United States Claims Court, in a proceeding under the Indian Claims Act, 25 U.S.C. §§ 70 to 70n (1976), entered without trial or findings of fact, that awarded as a final judgment terminating the litigation the amount of a settlement negotiated between the United States and counsel for the Sioux Tribe of Indians, which a majority of the constituent tribes had rejected. We vacate and remand...

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