MASHPEE TRIBE v. SECRETARY OF INTERIOR

No. 86-1615.

820 F.2d 480 (1987)

MASHPEE TRIBE, et al., Plaintiffs, Appellants, v. SECRETARY OF the INTERIOR, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 1, 1987.


Attorney(s) appearing for the Case

Robert C. Hahn with whom William A. Hahn, and Hahn & Matkov, Boston, Mass. were on brief, for plaintiffs, appellants.

Allan van Gestel with whom Celia D. Moore, and Goodwin, Procter & Hoar, Boston, Mass. were on brief, for defendants, appellees, Town of Edgartown, Town of West Tisbury, and Hope G. Ingersoll.

Thomas R. Kiley, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., and Paul R. Matthews, Asst. Atty. Gen., Boston, Mass. were on brief, for state defendants, appellees.

Jacques B. Gelin, Dept. of Justice, with whom F. Henry Habicht II, Asst. Atty. Gen., Robert S. Mueller, U.S. Atty., Robert J. Klarquist, and Pauline H. Milius, Dept. of Justice, Washington, D.C. were on brief, for federal defendants, appellees.

Leonard Kopelman, Barbara J. Saint Andre, and Kopelman and Paige, P.C., Boston, Mass. on brief, for defendant, appellee, Town of Plymouth.

Before BREYER, ALDRICH and SELYA, Circuit Judges.


BREYER, Circuit Judge.

The appellants in this case are Indians who seek declaratory judgments confirming recognition of their tribes and acknowledging the tribes' "Indian title" to certain land in southeastern Massachusetts. "Indian title," also known as "aboriginal title," is the right of Indian tribes to use and occupy "lands they had inhabited from time immemorial." County of Oneida v. Oneida Indian Nation,

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