Hayes Big Eagle (1), Ruby Bolton (2), and Charles Whitehorn (3) v. The United States

This case was referred pursuant to Rule 45, 28 U.S.C. to Trial Commissioner Marion T. Bennett, with directions to make findings of fact and recommendations for conclusions of law. The commissioner has done so in a report filed July 27, 1961. Plaintiffs elected to submit the case on the commissioner’s report without brief. Defendant filed its exceptions to the commissioner’s report and brief and the case was submitted to the court on oral argument by counsel for the parties. Since the court is in agreement with the findings and recommendations of the trial commissioner, as hereinafter set…