Legal Opinion

Elk v. United States

United States Court of Federal Claims

Decided April 28, 2009No. 05-186LPublishedCited by 15 opinions

1Opinion of the Court

OPINION

ALLEGRA, Judge.

“The best thing a man can do is 'when he makes a promise to stick to it. ” 1

This case is before the court following a trial in Rapid City, South Dakota. Plaintiff, a member of the Oglala Sioux Tribe, seeks relief under Article I of the Fort Laramie Treaty of April 29, 1868 (the 1868 Treaty), which provides that if “bad men” among the whites commit “any wrong” upon the person or property of any Sioux, the United States will reimburse the injured person for the loss sustained. Based on the evidence adduced at trial, the court finds that plaintiff sustained a loss within…

2Cases cited93 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Montana v. United StatesSupreme Court of the United States · 1981
  3. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  4. Helvering v. National Grocery Co.Supreme Court of the United States · 1938
  5. Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979

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3Cited by15 opinions

  1. Jones v. NortonCourt of Appeals for the Tenth Circuit · 2015
  2. Graves ex rel. Estate of Graves v. Secretary of the Dept. of Health & Human ServicesUnited States Court of Federal Claims · 2013
  3. Dobyns v. United StatesUnited States Court of Federal Claims · 2014
  4. Richard v. United StatesCourt of Appeals for the Federal Circuit · 2012
  5. Jones v. United StatesUnited States Court of Federal Claims · 2015

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