DUNCAN v. UNITED STATES

No. 10-75.

667 F.2d 36 (1981)

Mabel DUNCAN, et al. v. The UNITED STATES.

United States Court of Claims.

December 2, 1981.


Attorney(s) appearing for the Case

George Forman, Escondido, Cal., attorney of record, for plaintiffs. James F. King, Jr., Willits, Cal., of counsel.

Ezra D. Rosenberg, Washington, D. C., with whom was Asst. Atty. Gen., James W. Moorman, Washington, D. C., for defendant.

Before DAVIS, NICHOLS and KASHIWA, Judges.


ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S MOTION TO DISMISS

DAVIS, Judge:

This is our second consideration of this Indian breach-of-trust case. In the previous decision (Duncan v. United States, 220 Ct.Cl. 1, 597 F.2d 1337 (1979)), we held that the court had cognizance of the claims under 28 U.S.C. § 1491, and that the plaintiffs had a right to...

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