Adams v. Morton

581 F.2d 1314 Clarence ADAMS, Nellie B. Martin, James Richard Swanson, and Donita Adams Nordlund, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Rogers MORTON, Secretary of Interior, James F. Canan, Area Director, Bureau of Indian Affairs, Rod Scurlock, and the United States of America, Defendant-Appellee, Gros Ventre Tribe of the Fort Belknap Indian Reservation, Montana, Appellant. No. 75-3577. United States Court of Appeals, Ninth Circuit. July 18, 1978. Rehearing and Rehearing In Banc Denied Sept. 13, 1978. Barbee B. Lyon (argued), Portland, Or., for appellant. Maryann Walsh (argued), of Dept. of Justice, Washington, D. C., for plaintiffs-appellees. Appeal from the United States District Court, District of Montana. Before CHAMBERS, KILKENNY and TANG, Circuit Judges. KILKENNY, Circuit Judge: 1 This is an appeal by the Gros Ventre Tribe of the Fort Belknap Indian Reservation, Montana (appellant), * from an adverse judgment in connection with funds appropriated by Congress for distribution to members of the Tribe. Appellant challenges the right of those known to the record as the "Adams Group" to participate in the Congressional allotment. We…