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UNITED STATES v. ADAIR

Civ. No. 75-914.

478 F.Supp. 336 (1979)

UNITED STATES, Plaintiff, and Klamath Indian Tribe, Plaintiff-Intervenor, v. Ben ADAIR et al., Defendants, and The State of Oregon, Defendant-Intervenor.

United States District Court, D. Oregon.

September 27, 1979.

Attorney(s) appearing for the Case

Sidney I. Lezak, U. S. Atty., Thomas C. Lee, Asst. U. S. Atty., Jean Lowman, Sp. Asst. U. S. Atty., Portland, Or., Donald W. Redd, Atty., Dept. of Justice, Washington, D.C., for plaintiff.

Timothy LaFrance, Richard B. Collins, Daniel H. Israel, Raymond Cross, Native American Rights Fund, Boulder, Colo., for plaintiff-intervenor Klamath Indian Tribe.

Hugh L. Biggs, Jere M. Webb, Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., Theodore R. Conn, Conn & Lynch, Lakeview, Or., for defendants.

James A. Redden, Atty. Gen., James W. Durham, Jr., Deputy Atty. Gen., Timothy D. Norwood, Tort Litigation Supervisor, Salem, Or., for defendant State of Or.

OPINION

SOLOMON, District Judge:

In 1864, by treaty with the Klamath and Modoc Indians (Indians), the United States created the Klamath Indian Reservation (Reservation) in south central Oregon, where the Indians had lived and maintained a hunting, fishing, and gathering economy for more than a thousand years. From time to time, the Federal Government (Government) allotted parcels of Reservation land to individual Indians. Some allottees sold or leased their...

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