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Western Shoshone Nat’l Council v. United States — Federal Circuit Court of Appeals May 27, 2008

Posted by rezjudicata in Federal Circuit, Federal Circuits.
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Federal Circuit refuses to vacate 24 year-old ICC judgment

Western Shoshone National Council v. United States, 2007-5020 (Fed. Cir. May 22, 2008)

Issue(s): Indian Claims Commission > Final Judgments >> Relief; Treaty Title > Intent to Convey

After Congress created the Indian Claims Commission, several Shoshone tribes filed claims alleging that the U.S. government took over 80 million acres of land. During the decades-long legal battle, the Te-Moak Band and the government agreed that historical events extinguished aboriginal title. In 1974, the Western Shoshone National Council attempted to intervene, alleging that the Te-Moak Band and United States had colluded to treat title as extinguished. Later, the Te-Moak Band itself attempted to reverse course and say that it still held title to the land. The Commission nixed both efforts and entered final judgment in 1979. Twenty-four years later, the Council and several Shoshone tribes sought a declaratory judgment that the judgment was void.