Uintah Ute Indians of Utah v. United States

OPINION

NETTESHEIM, Judge.

This case is before the court after argument on defendant’s motion to dismiss or, in the alternative, for summary judgment. Four overriding issues are presented: first, whether plaintiff, an Indian tribe, was party to an 1849 treaty upon which it now sues; second, whether, in any event, plaintiff has aboriginal title to the land at issue; third, whether plaintiff pleads a breach of trust; and fourth, whether plaintiff is collaterally estopped from litigating these issues by reason of prior litigation before the Indian Claims Commission.

FACTS

Except as noted, the facts…