Catawba Indian Tribe of South Carolina v. South Carolina

WIDENER, Circuit Judge:

The Catawba Indian Tribe appeals from an order of the district court granting summary judgment in favor of certain defendants as to a number of parcels of real estate on the ground that those defendants had established the adverse possession requirements of South Carolina. We affirm in part, reverse in part, and vacate and remand in part.

This litigation began when the Tribe filed a complaint and motion to certify a defendant class on October 28, 1980.1 In the complaint, the Tribe seeks to be declared the owner of approximately 144,000 acres of land that was set aside…