TEMOAK BAND OF WESTERN SHOSHONE I., NEV. v. U. S.

Appeal No. 1-78.

593 F.2d 994 (1979)

The TEMOAK BAND OF WESTERN SHOSHONE INDIANS, NEVADA, Appellant, v. The UNITED STATES and the Western Shoshone Identifiable Group Represented by the Temoak Bands of Western Indians, Nevada, Appellees.

United States Court of Claims.

February 21, 1979.


Attorney(s) appearing for the Case

Reid Peyton Chambers, Washington, D.C., for appellant. Sonosky, Chambers & Sachse and Marvin J. Sonosky, Washington, D. C., of counsel.

Dean K. Dunsmore, Washington, D.C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D.C., for appellee U.S.

Robert W. Barker, Washington, D.C., for appellee Western Shoshone Identifiable Group, etc. Wilkinson, Cragun & Barker, Jerry C. Straus and John M. Facciola, Washington, D.C., of counsel.

Before FRIEDMAN, Chief Judge, and NICHOLS and BENNETT, Judges.


ON APPEAL FROM THE INDIAN CLAIMS COMMISSION

NICHOLS, Judge:

Both sides appeal from a judgment of the Indian Claims Commission relating to the claim of the Western Shoshones for taking of aboriginal title lands in the present States of California and Nevada. The claimants long prosecuted the claim on the basis that the entire tract was taken on a date to be determined, and because of this the claim of the Indians was money compensation

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