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Show 3.) lnd. Ci. Co.;m. 45/ *••- 2./ The defendant asserts and the petitioners deny that the petition is barred by Section 12 of the Indian Claims Commission Act (60 Stat. 1049, 1052), which provides that no claim existing before, but: not presented within five years after the date of approval of the Art (August 13, 1946), may thereafter be submitted to any court or administrative agency for consideration. The. petitioners point out that under their proposal, the Quantity of land in the Docket 326-K claim would be reduced, but except for that and a change in the valuation date for the Nevada lands, the claim would not be changed. The original Docket 326 petition contained specific counts setting forth the claims of the Western Bands of the Shoshone Nation of Indians, Paragraphs 23 and 25 of this petition, filed on August 10, 1951, state that: 23. Prior to 1863 and from time immemorial, the Western Bands of the Shoshone Nation of Indians, represented herein by the Te-Moak Bands of Western Shoshone Indians, Nevada, owned or occupied a large territory of land in the present State of Nevada, including the lands set forth in the Treaty of Ruby Valley of October 1, 1863, referred to in paragraph 6(f) hereof and shown on Exhibits A and B attached hereto. 25. In violation of said Western Bands' rights of ownership or occupancy in the lands referred to in paragraph 15 hereof, or in violation of the right or title or ownership or occupancy recognized in the said bands by the Treaty of Ruby Valley, defendant has disposed of a large part of the said land to settlers and others, or has seized and converted 2J In t'.is opinion we refer to Western Shoshone Legal Defense and Education Association and Frank Temoke as "petitioners"^ and the Western Shoshone Identifiable Group as "plaintiff." 3/ }»v Coi'-iission order of y.-.-L 16, 1967, the claim of the Western Sberbrrae Tdenti -i.r.Me Eroup was sev ' from the claims filed in Docket 324 on A-- \ri 20 j *';•» 1., lor i'ive groups oi E -aes in;- Judi i:;-. the Western bhosiiones, ana t.<:o Western .^hoshouo. claim v.*as : oiennted Dookt. t No. 326-N. |
