United States Federal Circuit

In a suit seeking to invalidate a 1977 Indian Claims Commission (ICC) judgment awarding compensation for the taking of plaintiffs' lands, as well as additional compensation and other relief under the Treaty of Ruby Valley of 1863, summary judgment for the government is affirmed where: 1) a claim that the ICC allegedly denied plaintiff due process in reaching its judgment was untimely, and thus the Court of Federal Claims lacked subject matter jurisdiction; and 2) a claim for $14 billion as prejudgment interest from the stipulated date of the taking (1872) until the time of the award, failed as the Treaty of Ruby Valley did not recognize that plaintiffs have title in the disputed territory.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

Court

• United States Federal Circuit

Counsel