Terminated Utes hope to keep trust lawsuit alive

Tuesday, November 6, 2007  

A group of mixed-blood Utes who were terminated in the 1950s are back in court to seek an accounting of their trust funds.

Judge Richard W. Roberts dismissed the case, saying it was filed too late. But this D.C. Circuit Court of Appeals this past January said the case deserved another look based on a provision in federal law that keeps trust accounting claims alive until the Interior Department provides an accounting.

Dennis Chappabitty, a lawyer for the plaintiffs, says that never happened. But the Department of Justice says the provision doesn't apply to the case.

In 1954, 490 mixed-blood Utes were terminated and were supposed to receive a share of tribal assets. The full-blood Utes remained a part of the federally recognized Northern Ute Tribe.

Get the Story:
Terminated members of Ute Tribe dispute time limits on claims (The Deseret Morning News 11/6)

D.C. Circuit Decision:
Felter v. Kempthorne (January 19, 2007)

Lower Court Decision:
Felter v. Norton (January 27, 2006)

Relevant Links:
Felter v. Kempthorne - http://www.undeclaredutes.net

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Terminated Utes to press case in court, public arena (02/22)
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