SISSETON-WAHPETON SIOUX TRIBE v. U.S.

No. 95-35135.

90 F.3d 351 (1996)

SISSETON-WAHPETON SIOUX TRIBE, OF the LAKE TRAVERSE INDIAN RESERVATION, NORTH DAKOTA AND SOUTH DAKOTA, individually and in its parens patriae capacity on behalf of its members; Devils Lake Sioux Tribe of the Devils Lake Sioux (Fort Totten) Indian Reservation, North Dakota, individually and in its parens patriae capacity on behalf of its members; Sisseton-Wahpeton Sioux Council, of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana, individually and in its parens patriae capacity on behalf of its members, Plaintiffs-Appellants, v. UNITED STATES of America; Manual Lujan, Jr., individually and in his capacity as Secretary of the Interior; Nicholas Brady, individually and in his capacity as Secretary of the Treasury, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1996.


Attorney(s) appearing for the Case

Bertram E. Hirsch, Floral Park, New York, for plaintiffs-appellants.

Tamara N. Rountree, United States Department of Justice, Washington, DC, for defendants-appellees.

Before BROWNING, WRIGHT and T.G. NELSON, Circuit Judges.


PER CURIAM:

I.

In 1987, three Native-American Sioux Tribes filed this suit contending Congress should not have allocated 25% of an Indian Claims Act judgment fund to nonmember lineal descendants of the aggrieved aboriginal tribe, which had dispersed in the 1860s. The plaintiff Tribes asserted eight claims for relief, including due process, unconstitutional taking, breach of contract, and breach of the 1968 Appropriations Act.

The district court dismissed...

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