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United States Federal Circuit


CERMAK v. BABBITT, 00-1098

28 USC 1353, providing district court jurisdiction over disputes involving an "allotment of land," does not cover Indian Land Certificates issued after 1934 because Congress quit allotting land and the Department of the Interior intended to provide only temporary rights of use and occupancy.

Appellate Information

  • Decided 12/13/2000
  • Published 12/14/2000

Judges

  • SCHALL, Circuit Judge., Before MAYER, Chief Judge, LOURIE, and SCHALL, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Lawrence H. Crosby,Crosby & Associates, of St. Paul, MN, argued for plaintiffs-appellants.

  • For Appellees:
  • David J. Lazerwitz, Attorney, Environmental & Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Lois J. Schiffer, Assistant Attorney General;  and David C. Shilton, Attorney.
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