Creek Nation v. United States

This is an appeal from a decision of the Indian Claims Commission granting appellee’s motion for summary judgment on the ground that appellant’s claim was res judicata, *486having been, decided by this court in The Creek Nation v. United States, 93 Ct. Cl. 561 (1941).1 Commissioner Scott dissented.

Appellant brought its suit before the Commission to recover the value of 1,198.99 acres of former Creek lands erroneously included in lands surveyed for the Seminole Tribe by appellee’s surveyor Hackbusch in 1888. Under Section 2, Clauses 3 and 5 of the Indian Claims Commission Act of 1946 (60 Stat.…