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YOUPEE v. BABBITT

No. 94-35415.

67 F.3d 194 (1995)

Marvin K. YOUPEE, Sr.; Cary G. Youpee; Darlan D. Youpee; Allen F. Youpee; Helen Youpee-Ricker; Williamette Y. Bussard, Plaintiffs-Appellees, v. Bruce BABBITT, Secretary, Department of Interior, and his Agents, Assigns, and Successors in office, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1995.

Attorney(s) appearing for the Case

Lois J. Schiffer and Andrew C. Mergen, United States Department of Justice, Washington, DC, for the defendant-appellant.

Rene A. Martell, Montana Legal Services, Wolf Point, Montana, for the plaintiffs-appellees.

Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges.

OPINION

BEEZER, Circuit Judge:

Congress has tried for many years to solve the problem of fractionation of Indian lands. The Supreme Court held Congress' first effort, Section 207 of the Indian Land Consolidation Act, an unconstitutional taking without just compensation. Congress' second effort, amended Section 207, is before us now.

The district court held that amended Section 207 of the Indian Land Consolidation...

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