Gary Carson Lewis v. General Services Administration of the United States

Lewis and others allege they are Indians, or of Indian descent, entitled to allotments of land under applicable statutes and to get them by action under 25 U.S.C. §§ 334 and 345. Also, one of the plaintiffs, a New York Indian, claims under 7 United States Statutes 550.

General Services has acquired under applicable federal statutes surplus lands for disposal which were formerly part of the federal enclave of Camp Elliott, California. General Services proposed (and may have ere now) sold the lands through a public sale on sealed bids.

It appears that the government acquired all the land involved through condemnation proceedings in federal court from private persons, the necessity therefor being military.

Allotments of land to Indians are made by the Secretary of the Interior. The plaintiffs, Lewis, et al., would restrain the General Services Administration from selling the land and affirmatively require it to transfer the land to the Secretary of Interior so he can process their allotment claims thereon.

The district court ruled in favor of the defendants, General Services Administration and others.

To succeed, plaintiffs just must qualify under 25 U.S.C. § 334 , allotments to…