Homer FLUTE; Robert Simpson, Jr.; Thompson Flute, Jr.; Dorothy Wood, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,
v.
The UNITED STATES of America; The Department of the Interior; the Bureau of Indian Affairs, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
John Emad Arbab ( John C. Cruden , Assistant Attorney General, and John L. Smeltzer , with him on the briefs), Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.
Before PHILLIPS, McHUGH, and MORITZ, Circuit Judges.
McHUGH, Circuit Judge.
This case arises out of an ignominious event in the history of this Nation. In 1864, the United States Army conducted an unprovoked attack on a group of unarmed Indians, who had relocated to an area next to the Sand Creek River in the Territory of Colorado at the direction and under...
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