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PIT RIVER HOME AND AGR. CO-OP ASS'N v. U.S.

Nos. 90-16589, 99-16590.

30 F.3d 1088 (1994)

PIT RIVER HOME AND AGRICULTURAL COOPERATIVE ASSOCIATION, Plaintiff, v. UNITED STATES of America, Defendant. PIT RIVER TRIBAL COUNCIL, Cross-Claimant-Counterclaim-Defendants-Appellees, v. Bruce BABBITT, Secretary of the Interior, United States of America, Cross-Claim-Defendants-Counterclaim-Defendants-Appellees, v. PIT RIVER HOME AND AGRICULTURAL COOPERATIVE ASSOCIATION, Erin Forrest, Cross-Claim-Defendants-Counterclaimants-Appellants. v. PIT RIVER HOME AND AGRICULTURAL COOPERATIVE ASSOCIATION, Cross-Claim-Defendants-Appellants. PIT RIVER TRIBAL COUNCIL, Cross-Claim-Defendant-Appellant, v. PIT RIVER HOME AND AGRICULTURAL COOPERATIVE ASSOCIATION; Erin Forrest, Cross-Claim-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1994.

Attorney(s) appearing for the Case

Stephen V. Quesenberry, California Indian Legal Services, Oakland, CA, for plaintiff-appellee, cross-appellant.

Peter A. Appel, Law Clerk, and David C. Shilton, U.S. Dept. of Justice, Washington, DC, for cross-claim-defendants, counter-claim-defendants, appellees.

Joseph F. Preloznik and Bronson C. LaFollette, Madison, WI, for cross-claim-defendants, counterclaimants-appellants, cross-appellees.

Before: FLETCHER, POOLE, and BRUNETTI, Circuit Judges.

Opinion by Judge BRUNETTI.

BRUNETTI, Circuit Judge:

OVERVIEW

This lawsuit involves a dispute over which group of Indians are the beneficial owners of a certain piece of property. In the late 1930s, the United States purchased property, called the XL Ranch, in trust for the Pit River Indian Tribe in anticipation of its designation as a recognized tribe. In the early 1940s, the United States granted occupancy rights in the XL Ranch under a revokable...

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