Gerald P. Andersen Patricia R. Andersen, Husband and Wife, Plaintiffs v. Kendall Cumming v. Bureau of Indian Affairs

The Andersens were tenants on land owned by the Gila River Indian Community. The eight-year lease allowed the Andersens to farm the land in return for rent and specified developments and improvements. The lease was approved and monitored by the Bureau of Indian Affairs. In 1977 the Bureau determined that the Andersens had not fulfilled their obligations and notified them that if they did not perform, the lease would be terminated. In early 1978, the Andersens planted a crop of cotton on the land. The Bureau informed them shortly afterward that they had still not complied with the lease terms, and that the lease was terminated. The Andersens did not appeal the determination or vacate the land. After the Bureau filed suit, the parties agreed that the Andersens would harvest the cotton crop, but that the proceeds from sale would be paid into the court registry until an equitable distribution could be made. The same arrangement was made in 1979 and 1980.

In 1980 the district court granted a motion for ejectment which we affirmed. Andersen v. Cummings, 659 F.2d 1087 (unpublished memorandum, 9th Cir.1981). Both parties then moved to collect the $812,226.81 in proceeds from the three…