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CHEROKEE NATION OF OKLAHOMA v. U.S.

No. 88-1112.

937 F.2d 1539 (1991)

CHEROKEE NATION OF OKLAHOMA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 9, 1991.

Attorney(s) appearing for the Case

James G. Wilcoxen, Wilcoxen & Cate, Muskogee, Okl. (Paul M. Niebell, Washington, D.C., was also on the brief), for plaintiff-appellant.

Maria A. Iizuka, Dept. of Justice, Washington, D.C. (Roger J. Marzulla, Asst. Atty. Gen., Washington, D.C.; Roger Hilfiger, U.S. Atty. and Ralph Keen, Asst. U.S. Atty., Muskogee, Okl., Pauline H. Milius and Edward J. Shawaker, Dept. of Justice, Washington, D.C., and Whit Field, Office of the Sol., Dept. of the Interior, Washington, D.C., were also on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and BROWN, District Judge.

HOLLOWAY, Chief Judge.

I

This action was brought by the Cherokee Nation pursuant to a special jurisdictional grant to the Court of Claims or the United States District Court for the Eastern District of Oklahoma. Pub.L. No. 97-385, 96 Stat. 1944-45 (1982).1 The complaint was filed in the Eastern District of Oklahoma stating two theories of recovery sought for damages to assets of the Cherokee Nation resulting from actions of the...

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