Legal Opinion

Duncan v. United States

United States Court of Claims

Decided December 2, 1981No. 10-76PublishedCited by 60 opinions

1Opinion of the CourtDavis, Judge

This is our second consideration of this Indian breach-of-trust case. In the previous decision (Duncan v. United States, 220 Ct. Cl. 1, 597 F.2d 1337 (1979)), we held that the court had cognizance of the claims under 28 U.S.C. § 1491, and that the plaintiffs had a right to recover on much (though not all) of their demands. On the Government’s petition for certiorari, the Supreme Court vacated our judgment and remanded the case "for further consideration in light of United States v. Mitchell, 445 U.S. 535 (1980).” United States v. Duncan, 446 U.S. 903 (1980). On that remand, we received…

2Cases cited35 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. United States v. TestanSupreme Court of the United States · 1976
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. United States v. MitchellSupreme Court of the United States · 1980
  5. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969

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3Cited by60 opinions

  1. Hopland Band of Pomo Indians v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  2. Cummings v. United StatesUnited States Court of Claims · 1989
  3. McCauley v. StatesUnited States Court of Federal Claims · 1997
  4. Connolly v. United StatesUnited States Court of Claims · 1982
  5. Big Lagoon Rancheria v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 2015

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