United States v. Southern Ute Tribe or Band of Indians

United States Supreme Court

402 U.S. 159

United States  v.  Southern Ute Tribe or Band of Indians

Certiorari to the United States Court of Claims

No. 515.  Argued: March 1, 1971 --- Decided: April 26, 1971

Respondent's claims for compensation and accounting are barred by res judicata since they relate to land "formerly owned or claimed by [the Confederated Bands of Utes] in western Colorado, ceded to [the United States] by the Act of June 15, 1880" and thus were subject to a final settlement reduced to a consent judgment, to which respondent was a party, made in 1950. Pp. 161-174.

191 Ct. Cl. 1, 423 F. 2d 346, reversed.

BRENNAN, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, HARLAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 174.

Lawrence G. Wallace argued the cause for the United States. On the briefs were Solicitor General Griswold, Assistant Attorney General Kashiwa, Peter L. Strauss, and Edmund B. Clark.

Glen A. Wilkinson argued the cause for respondent. With him on the brief was Richard A. Baenan.

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