LITTLETON, Judge.
In 97 Ct. Cl. 391, in the first hearing under Rule 39(a), 28 U.S.C.A. following section 263, on the question as to plaintiff's legal right to recover, we held that defendant should account to the plaintiff under the terms of the agreement of March 2, 1889, 25 Stat. 888, for $5,307,655.87, representing the proceeds derived from the disposition of 9,261,592.62 acres of land ceded by plaintiff, under the agreement, from the Great Sioux Reservation....
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