Makah Indian Tribe v. Moore

HALL, District Judge.

On December 30, 1949 the Honorable Lloyd L. Black, having theretofore tried the above-entitled case, announced his decision against the plaintiffs and for the defendant in an extended oral opinion. The opinion was transcribed by the reporter, copies given to counsel, and one copy was placed in the clerk’s file. No formal findings of fact or conclusions of law or judgment were ever submitted to Judge Black, and consequently none were ever signed or filed before his sudden and untimely death on August 23, 1950.

The plaintiffs filed a motion for new trial under Fed.Rules…