United States of America, and Bertha Mae Tabbytite, Plaintiff-Intervenor v. Glen M. Clarke

OPINION

Before DUNIWAY, TRASK and SNEED, Circuit Judges. DUNIWAY, Circuit Judge:

The United States, joined by Bertha Mae Tabbytite as an intervenor, brought suit to enjoin the defendant class from trespassing on land patented to Tabby-tite, an Indian, under 25 U.S.C. §§ 331-32 as an Indian trust allotment, and to recover compensatory and punitive damages for trespass upon that land from 1958 through 1969. The district court denied an injunction, finding that the defendants had an easement implied by necessity across Tabbytite’s land, but awarded plaintiffs $3,500 in compensatory damages —…