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SIOUX TRIBE OF INDIANS v. U.S.

Appeal No. 88-1236.

862 F.2d 275 (1988)

The SIOUX TRIBE OF INDIANS, Plaintiff-Appellee, Oglala Sioux Tribe and Rosebud Sioux Tribe, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 23, 1988.

Attorney(s) appearing for the Case

Robert T. Coulter, Indian Law Resource Center, Washington, D.C., argued for plaintiffs-appellants. With him on the brief were Steven M. Tullberg and Curtis G. Berkey. Also on the brief was Mario Gonzalez, of Pine Ridge, S.D., of counsel.

Louise F. Milkman, Dept. of Justice, Washington, D.C., argued for defendant-appellee U.S. Roger J. Marzulla, Asst. Atty. Gen., Edward J. Passarelli, Robert L. Klarquist and Jacques B. Gelin, Dept. of Justice, Washington, D.C., were on the brief for defendant-appellee U.S.

Arthur Lazarus, Jr., Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., argued for plaintiff-appellee. With him on the brief were Marvin J. Sonosky and William Howard Payne.

Before FRIEDMAN, NEWMAN and ARCHER, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is another, and hopefully the last, chapter in the lengthy saga of the attempt by the Sioux Indians under the Indian Claims Commission Act, 25 U.S.C. § 70 et seq. (1976), to recover damages for the land they ceded to the United States under an 1868 treaty.

The present appeal is by two of the Sioux tribes from the dismissal by the United States Claims Court of their motion for relief from a judgment awarding the Sioux Indians...

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