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WILKINSON v. U.S.

No. 04-2185.

440 F.3d 970 (2006)

Virgil WILKINSON; Charles Wilkinson; Alva Rose Hall; Wilbur D. Wilkinson, for themselves and as heirs of Ernest Wilkinson, Mollie Wilkinson, Harry Wilkinson and Virginia Wilkinson, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 13, 2006.

Attorney(s) appearing for the Case

Robert E. Goodman, Jr., argued, Dallas, Texas (Richard L. Howell, Dallas, Texas, on the brief), for appellant.

Cameron W. Hayden, Asst. U.S. Atty., argued, Bismarck, North Dakota, for appellee.

Before MELLOY, HEANEY, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

The plaintiffs allege that they held current or prospective possessory interests in allotted Indian Trust Land. They also allege that a Bureau of Indian Affairs (BIA) officer improperly leased the allotted land without legal authority and diverted a portion of the income from those unauthorized leases to the Farm Service Administration (FSA)1, a mortgage creditor. The plaintiffs present claims for damages under the...

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