Central Utah Project Litigation Documents

Page 66

ERNEST L. WILKINSON JOHN W. CRAG UN soe-iasa GwEN A. WiLKiNSON ROBERT W. BARKER CHARLES A. HOBBS ANGELO A. IAOAROLA PAUL S QUINN LEON T. KNAUER RiCriARQA.BAENEN JERRY C- STRAUS HER2ERT E MARKS .-iCrtSE J. LAFOMCE FRANCES L.HORN GORDON C. COFFMAN WiLKiNSON, CRAGUN & BARKER LAW OFFICES T H E OCTAGON B U I L D I NG 1735 NEW YORK A V E N U E . N . W. W A S H I N G T O N , D. C. 2 0 0 0 6 [phone] CABLE ADDRESS "WILCBAR" February 21 , 1975 To Members of the Western Shoshone Claims Committee ROSEL H. HYDE DONALD C GORMLEY R.ANTHONY ROGERS PATRICIA L. 3ROWN WILLIAM R. LOFTUS STEPHEN R BELL THOMAS J. EACA5 FOSTER DCREiTZES -^=A^CAN I. RUBINSTEIN JOHN M. FACCIOLA PHILIP A. NACKE H. MICHAEL SEMLER THOMAS E.WILSON JERRY R.GOLDSTEIN EDWARD M.FOGARTY S.STEVEN KARALEKAS Re: Docket No. 326-K As you know, the effort of the so-called Western Shoshone Legal Defense and Education Association and Frank Temoke to amend and alter the Western Shoshone case have delayed its conclusion. (Delay in this case is expensive, as each such delay in placing the judgment at interest costs $2,353,866, and each week costs $45,266 in lost interest at the rate of 9%.) The basis they asserted, to try to get standing in the case, was to allege "collusion" between the United States and your counsel with respect to the issue of taking of Indian title. You have no doubt read of such charges, which have been widely broadcast. The Indian Claims Commis opinion denying the request of the Association and Temoke. They have the charge of collusion; that they and that the effort to reconsider title had been extinguished comes Commission also rejects the reques until the Mary and Carrie Dann cas public domain, is decided. sion has now issued its Legal Defense and Education found there is no merit to charge is contrary to fact the earlier ruling that Indian eleven years too late. The t that your case be delayed e, involving trespass on the As to the charged collusion, the Commission found: ". . .the contentions of collusion upon which the petition and supporting statements are based are untenable. . . ." We forward herewith a copy of the order and opinion. We hope the Commission will now promptly conclude its work on "offsets claimed by the government so its judgment for $26,154,000, less determined offsets (deductions) may become final.