WILKES

v.

CALIFORNIA

Citator

Cited By (15 total)

• The United States v. Mescalero Apache Tribe, 518 F.2d 1309 (Ct. Cl. 1975)
  …fund, the Indians’ only claim to monies due is as a debt, upon which no interest is available except where explicitly provided by statute, contract or treaty. See Confederated Salish & Kootenai Tribes v. United States, 175 Ct.Cl. 451, cert. denied, 385 U.S. 921, 87 S.Ct. 228, 17 L.Ed.2d 145 (1966) (Davis, J.)4 An analysis of the two major Supreme Court cases holding that no interest would be allowed on a Court of Claims judgment shows that they turn on the theory that the amount due the plaintiff is due as…

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• Emeilia Cann and Charles Cann v. Ford Motor Co., 658 F.2d 54 (2d Cir. 1981)
  …jury follows the law as it is explained to them by the judge, Fairmount Glass Works v. Cub Fork Coal Co., 287 U.S. 474, 485, 53 S.Ct. 252, 255, 77 L.Ed. 511 (1933); Lifetime Siding, Inc. v. United States, 359 F. 2d 657, 661 (2d Cir.), cert. denied, 385 U.S. 921, 87 S.Ct. 233, 17 L.Ed.2d 144 (1966), we cannot assume that the jury ignored the literal, grammatical meaning of the written questions posed by that same judge. Accordingly, the judgment dismissing the complaint must be reversed and the case remande…
• The Hoopa Valley Tribe v. The United States, 596 F.2d 435 (Ct. Cl. 1979)
  …ort, the “Indians of the Hoopa Valley Reservation.” The legal posture of Indian trust funds held in the federal Treasury was discussed by the Court of Claims in Confederated Salish and Kootenai Tribes v. United States, 175 Ct.Cl. 451, cert. denied, 385 U.S. 921, 87 S.Ct. 228, 17 L.Ed.2d 145 (1966). There the plaintiff Indian tribes had argued that the Government’s use of their trust funds necessarily amounted to a Fifth Amendment taking of their property. The Court rejected this contention in the following…