ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Wednesday, December 1, 2004

Court holds Congress breached contract with tribe

Dakota Representatives of the Mdewakanton Dakota tribe are celebrating after a federal court held that Congress breached an 1886 agreement with the tribe.

The claimants are descendants of the "Loyalist" Dakotas who pledged loyalty to the United States in 1862. In 1886 Congress conveyed land to the Loyalists, but an 1980 act of Congress conveyed it to three other Dakota groups. Judge Charles Lettow of the Federal Court of Claims held that the subsequent act breached the contract.

The dispute has significant economic overtones because the disputed land is the site of several very profitable Indian casinos.

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Does anyone have, or know how to get a copy of the 1862 Loyalist census? There were orginally 208 names on that list to establish (?) the 1886 land contract between the US Gov and the Mdewakanton, I'd really like to get a copy of the 208.

Any help will be much appreciated.


Posted by: David J Smith | Jan 17, 2005 7:14:42 AM

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