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UNITED STATES v. 5,677.94 ACRES OF LAND, ETC.

Civ. No. 1825.

162 F.Supp. 108 (1958)

UNITED STATES of America, Plaintiff, v. 5,677.94 ACRES OF LAND, MORE OR LESS, OF THE CROW RESERVATION, STATE OF MONTANA, The Crow Tribe of Indians of Montana, William A. Wall, Chairman, James Real Bird, Vice Chairman, and Phillip Beaumont, Secretary, Crow Tribal Council, et al., and unknown owners, Defendants.

United States District Court D. Montana, Billings Division.

May 15, 1958.

Attorney(s) appearing for the Case

Krest Cyr, U. S. Atty., Butte, Mont., Dale F. Galles, Asst. U. S. Atty., Billings, Mont., Robert R. MacLeod and Anne S. Bell, Dept. of Justice, Washington, D. C., for plaintiff.

Burton K. Wheeler and Robert G. Seaks, Washington, D. C., Bert W. Kronmiller and Douglas Y. Freeman, Hardin, Mont., for defendants.

Arthur Lazarus, Jr., Washington, D. C., Richard Schifter, Washington, D. C., and Strasser, Spiegelberg, Fried & Frank, New York City, of counsel, amici curiae.

JAMESON, District Judge.

This opinion will consider (1) whether the United States has authority to condemn tribal lands of the Crow Tribe of Indians for the construction of Yellowtail Dam (presented by renewal of defendant's motion to dismiss); (2) whether water-power value should be allowed in determining just compensation; (3) whether the issue of just compensation should be tried before a jury or commissioners (presented by plaintiff's demand for a jury trial)...

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