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DELAWARE TRIBE OF INDIANS v. UNITED STATES

Appeal Nos. 2-54, 3-54.

128 F.Supp. 391 (1955)

DELAWARE TRIBE OF INDIANS v. The UNITED STATES. ABSENTEE DELAWARE TRIBE OF OKLAHOMA, DELAWARE NATION, ex rel. W. E. EXENDINE and Myrtle Holder, v. The UNITED STATES.

United States Court of Claims.

February 8, 1955.

Attorney(s) appearing for the Case

E. O. Patterson, Tulsa, Okl., for appellant, Delaware Tribe of Indians. Wesley E. Disney and Charles B. Rogers, Tulsa, Okl., on the brief.

Richard Schifter, Washington, D. C., for appellant, Absentee Delaware Tribe of Oklahoma, Delaware Nation, ex rel. W. E. Exendine and Myrtle Holder. Stanford Clinton, Chicago, Ill., on the briefs.

Ralph A. Barney, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for appellee. J. Edward Williams, Washington, D. C., on the brief.

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

MADDEN, Judge.

These are appeals from decisions of the Indian Claims Commission, Docket Nos. 27-A and 241. See 2 Ind.Cl.Com. p. 253; id. p. 536. Both the Delaware Tribe of Indians and the Absentee Tribe of Oklahoma, Delaware Nation, appeal from the Commission's dismissal of their petitions. This feature of the case will be considered first. Another aspect of the case, in which the two groups of Indians are in disagreement, will be referred to later.

Both groups...

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