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PAWNEE v. U.S.

87-1131.

830 F.2d 187 (1987)

Freeman PAWNEE, William L. Pawnee, Jr., Michael J. Pawnee, Gregory Pawnee, Lisa J. Pawnee, Muriel Littlecalf, Evelyn Stanton Gardner, individually, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 28, 1987.

Attorney(s) appearing for the Case

Harvey L. Harmon, Sr., Kornfeld, Franklin & Phillips, Oklahoma City, Okl., argued for appellant. With him on the brief was Charles R. Underwood.

Martin W. Matzen, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen., Robert L. Klarquist and Pamela S. West. Also on the brief was Thornton W. Field and Peter Schaumberg, Office of the Solicitor, Dept. of the Interior, Washington, D.C., of counsel.

Henry J. Sockbeson and Arlinda F. Locklear, Native American Rights Fund, Washington, D.C., were on the brief for amicus curiae. Also on the brief for amicus curiae were Robert M. Peregoy and Steven C. Moore, Native American Rights Fund, Boulder, Colo.

Before DAVIS, Circuit Judge, BENNETT and MILLER, Senior Circuit Judges.

DAVIS, Circuit Judge.

The underlying suit (transferred to the Claims Court from the District Court for the Western District of Oklahoma) was brought against the United States by Indians whose restricted Indian predecessors entered into oil and gas (primarily gas) leases on mining land (administered by the Interior Department) with oil companies; the action is for alleged violations of fiduciary duties by Interior in collecting royalties on those leases. The Claims...

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