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STUART v. U.S. BY AND THROUGH DEPT. OF INTERIOR

No. 96-35117.

109 F.3d 1380 (1997)

Douglas N. STUART, Plaintiff-Appellant, v. UNITED STATES of America, acting By and Through the DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS; David W. Pennington, in his official capacity as Acting Area Director, Billings Area Office, Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1997.

Attorney(s) appearing for the Case

James T. Massey, Law Offices of James T. Massey, Sisters, OR, for Plaintiff-Appellant.

George F. Darragh, Jr., Assistant United States Attorney, Great Falls, MT; Rosemary L. Maistas, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before JOHN T. NOONAN, THOMPSON and KLEINFELD, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge.

Appellant Douglas N. Stuart contracted to buy Indian reservation land from Steven Magpie, Maxine Magpie Rutherford Clifford, and Harry W. Magpie (the Magpies). The land sale contract specified the Magpies would hold title to the land until Stuart made his last installment payment. After Stuart defaulted on several payments, the Bureau of Indian Affairs (BIA) cancelled Stuart's contract.

Stuart filed a petition for review in...

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