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NERO v. CHEROKEE NATION OF OKLAHOMA

No. 86-1271.

892 F.2d 1457 (1989)

R.H. NERO; Carrie Brown; Mamie Ross Nivens; Caroline Green; William Nave; John Brown; Carolyn Vann Sams; Florence Ross; Edgar Curtis Vann; Roberta Drayton; Carl Ball; Audrey B. Gilliard; Susie Trent; Idella Ball; Arthell Edith Ball, an incompetent, by and through her legal guardian, Florence Ross; Lorraine Ball, an incompetent, by and through her legal guardian, Florence Ross; and other persons similarly situated, Plaintiffs-Appellants, v. The CHEROKEE NATION OF OKLAHOMA; Ross O. Swimmer; Dora Waite; Gary Chapman; Dorothy Worsham; Maude Davis; Elizabeth Sullivan; Marie Wadley; Ray McSpadden, individually and in their official capacity; United States of America; Office of the President; United States Department of the Interior; Office of the Secretary; the Bureau of Indian Affairs; Dennis Springwater; Frank Ferrell; Joe Parker, individually and in their official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 22, 1989.

Attorney(s) appearing for the Case

James O. Goodwin of Goodwin & Goodwin, Tulsa, Oklahoma, for plaintiffs-appellants.

Myles E. Flint, Acting Asst. Atty. Gen., Washington, D.C., Layn R. Phillips, U.S. Atty., Peter Bernhardt, Asst. U.S. Atty., Tulsa, Okl., Robert L. Klarquist and William B. Lazarus, Dept. of Justice Land and Natural Resources Div., Washington, D.C., (Scott Keep and David Etherridge, U.S. Dept. of the Interior, Washington, D.C., of counsel) for defendants-appellees officers and employees of the U.S.

James G. Wilcoxen of Wilcoxen & Cate, Muskogee, Okl., for defendants-appellees, except officers and employees of the U.S. of America.

Before McKAY, SEYMOUR, and HIGGINBOTHAM, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiffs, who are descendants of slaves owned by Cherokees and freed by the Treaty of 1866 between the United States and the Cherokee Nation, brought suit against the Cherokee Nation, certain tribal officials, the United States, and various federal officials. According to the complaint, the 1866 Treaty and the Cherokee Constitution confer on plaintiffs the rights and privileges of Cherokee citizenship, although they are not of Cherokee blood...

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