Legal Opinion

United States v. Oneida Nation of New York

United States Court of Claims

Decided May 11, 1973No. Appeal No. 13-71; Ind. Cl. Comm. Docket No. 301 26 Ind. Cl. Comm. 138PublishedCited by 27 opinions

1Opinion of the Court

Kunzig, Judge,

delivered tlie opinion of the court:

In issue in this Government appeal from a decision1 of the Indian Claims Commission (the Commission) is whether the government owed and subsequently breached a fiduciary duty to protect the Oneida Indians in land dealings with the State of New York when the United States Government did not participate in the transactions.

We hold that the federal government did owe a fiduciary duty to the Indians when, with knowledge of the transactions, the Government failed to protect the rights of the Indians. We do not hold that actual federal participation…

2Cases cited7 opinions

  1. Federal Power Commission v. Tuscarora Indian NationSupreme Court of the United States · 1960
  2. Lipan Apache Tribe v. United StatesUnited States Court of Claims · 1967
  3. Oneida Tribe of Indians of Wisconsin v. United StatesUnited States Court of Claims · 1964
  4. Seneca Nation of Indians v. United StatesUnited States Court of Claims · 1965
  5. Seneca Nation of Indians v. United StatesUnited States Court of Claims · 1965

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. City of Sherrill v. Oneida Indian Nation of NYSupreme Court of the United States · 2005
  2. Joint Tribal Council of Passamaquoddy Tribe v. MortonCourt of Appeals for the First Circuit · 1975
  3. Joint Tribal Council of the Passamaquoddy Tribe v. Rogers C. B. Morton, Secretary, Department of the Interior, State of Maine, Intervenor-Appellant. Joint Tribal Council of the Passamaquoddy Tribe v. Rogers C. B. Morton, Secretary, Department of the InteriorCourt of Appeals for the First Circuit · 1975
  4. Oneida Indian Nation of New York State v. OneidaDistrict Court, N.D. New York · 1977
  5. The Oneida Indian Nation of New York State v. The County of Oneida, the County of MadisonCourt of Appeals for the Second Circuit · 1980

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