Nature of the Case
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Facts
Due to a series of events the Fort Laramie Treaty of 1869 with the Sioux Nation was replaced with the Act of 1877. In between, Custer met his last stand. The dispute over these particular events dragged on over the years and eventually resulted in a finding under The Court of Claims that the 1877 Act effected a taking of the Black Hills for which the Sioux Nation was not properly compensated. The Court of Claims relied upon the good faith effort test developed in its earlier decision in Three Tribes of Fort Berthold Reservation v. United States, 390 F.2d 686 (1968). The government appealed.
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