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WESTERN (OLD SETTLER) CHEROKEE INDIANS v. UNITED STATES

Appeals Nos. 2, 3.

89 F.Supp. 1006 (1950)

WESTERN (OLD SETTLER) CHEROKEE INDIANS ex rel. OWEN et al. v. UNITED STATES. EASTERN (EMIGRANT) CHEROKEE INDIANS ex rel. NASH et al. v. UNITED STATES.

United States Court of Claims.

May 1, 1950.

Attorney(s) appearing for the Case

Woodson E. Norvell, Tulsa, Okl., for the appellants. Messrs. Houston B. Tehee, Earl Boyd Pierce, Muskogee, Okl., Dennis Bushyhead, Tulsa, Okl., and George E. Norvell, Washington, D. C., were on the briefs.

Ralph A. Barney, Oklahoma City, Okl., with whom was Assistant Attorney General A. Devitt Vanech, for the appellee. Jules H. Sigal, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

LITTLETON, Judge.

These appeals from the Indian Claims Commission present the question of whether the Commission was correct in sustaining the defense of res adjudicata, interposed by appellee in a motion for summary judgment, to the claims of appellants for additional interest on treaty funds presented in their petitions duly filed with the Commission, under the Act of August 13, 1946. 60 Stat. 1049, 25 U.S.C.A. § 70a.

The claims made in these...

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