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Topic: Western claims


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In the News (Tue 22 Dec 09)

  
  Western Land Claims
However, despite the size and seeming solidity of its claim, Virginia was among the leaders of the movement to surrender the areas to the central government.
A claim to a portion of Pennsylvania (not shown on the map) was asserted only half-heartedly because of the strength of a more recent charter held by that state.
A claim to a portion of present-day Michigan and Wisconsin was surrendered by Massachusetts in 1785 and a much weaker claim to an area in western New York (not shown on map) was given up in 1786.
www.u-s-history.com /pages/h1160.html   (1181 words)

  
  State cessions - Wikipedia, the free encyclopedia
Claims and cessions: Ceded its territory north and west of the Ohio River (and east of the Mississippi), the land which was to be come the Northwest Territory.
Claims and cessions: Ceded swath between present north and south border-latitudes across present-day Michigan and Wisconsin, to which it was entitled by its interpretation of its original sea-to-sea grant from the British crown.
Note that the claim was for land between the headwaters of the Savannah River and the North Carolina boundary; in fact, later surveying showed that the Savannah headwaters actually began in North Carolina, which meant that the strip did not exist in reality.
en.wikipedia.org /wiki/State_cessions   (1163 words)

  
 Connecticut Western Reserve - Wikipedia, the free encyclopedia
In its deed of cession (the states gave up their western claims in exchange for federal assumption of their American Revolutionary War debt) dated September 13, 1786, Connecticut retained more than three million acres (12,000 km²) in Ohio.
To this day, the townships of the Western Reserve differ in size from those of most of the rest of the state, which are six miles square.
Western Reserve College (founded 1826), which merged with the Case Institute of Technology (founded 1880) in 1967 to form Case Western Reserve University, is an example of that tie to the past.
en.wikipedia.org /wiki/Connecticut_Western_Reserve   (903 words)

  
 THE WESTERN COMPANY OF NORTH AMERICA v. U.S.
Western brought this action to recover the diesel fuel tax credits it claimed in its second amended tax returns for the tax years 1993 and 1994, totaling $304,719 and $377,018.
In this case, however, if Western may be faulted for not satisfying the technical requirement of a formal administrative claim, that failure arose because the IRS withheld information about the very source and substance of the claim.
The trial court stated that the substantial variance doctrine requires an administrative claim that must “(a) put the IRS on notice that the Plaintiff is asserting a right to a refund for a specified tax year, (b) contain sufficient information for the IRS to examine the merits of the refund claim, and (c).
www.ll.georgetown.edu /federal/judicial/fed/opinions/02opinions/02-5128.html   (4419 words)

  
 Bialo v. Western Mutual Insurance Company
Western responds section 340.9 does not alter the requirement that insureds timely report their Northridge earthquake damage claims to the insurer within the claim notice period required by the policy.
Western responds that section 340.9 altered only the limitations period applicable to the filing of a lawsuit, and did not change the limitations period applicable to notifying one' s insurer of a potential claim under the policy.
Western Province of the Servites, Inc. (1997) 55 Cal.App.4th 382, 386.) We reject the pro-Western amici' s claim that because the Legislature enacted the one-year notification period by requiring its insertion in the policy rather than by enacting an express limitations period, it somehow is not a limitations period.
www.law.com /regionals/ca/opinions/jan/b146336.shtml   (4146 words)

  
 Western Shoshone Defense Project
In the Gila River case, the Claims Court actually said that although nothing had happened that could constitute a taking, "in a fit of absentmindedness [by the U.S. trustee], the deed was somehow done." This is not law.
Claims attorneys, who in the final analysis purported to represent eight individuals responsible to no community or tribal government, were allowed to litigate on behalf of the "Western Shoshone Identifiable Group," an as yet unidentified plaintiff apparently intended to encompass all Western Shoshones and federally recognized Shoshone tribal governments.
The Claims Court twice advised Shoshones who attempted to prevent the loss of their land by intervening or seeking a stay that their remedy was in Congress, not the courts.
www.wsdp.org /press/2002-03-16.htm   (1027 words)

  
 Just Earth!
In 1979, despite Western Shoshone attempts to stop the proceedings, the United States Court of Claims awarded less than $27 million – the 1872 value, from the ICC’s point of view, without interest – to the tribe to be held by the Interior Department.
However, what the Court did not realize at the time of its decision is that the Indian Claims Commission had never filed a report with Congress as required by statute, and that “finality” in the Western Shoshone case had never been achieved by the ICC in the Western Shoshone case.
The Western Shoshones did not cede their lands to the United States and are still fighting for the recognition of their rights to their ancestral homeland.
www.amnestyusa.org /justearth/indigenous_people/western_shoshone.html   (1989 words)

  
 National Indian Law Library, Indian Law Bulletins, Unreported Case, Western Shoshone National Council v. United States
The plaintiffs in this lawsuit are the Western Shoshone National Council, [FN1] the South Fork Band, the Winnemucca Indian Colony, and the Dann Band (the "Western Shoshone").
The Western Shoshone, however, repudiated the verdict as it did not account for changes the Western Shoshone had made to their legal position four years earlier.
Finally, the government contends that this Court does not have subject matter jurisdiction over the Western Shoshone's second count seeking a declaratory judgment voiding all previous ICC rulings, as all ICC rulings must be appealed to the Court of Federal Claims.
www.narf.org /nill/bulletins/dct/unreported/WesternShoshone.html   (1870 words)

  
 ILI Report - Western Shoshone Docket 326-K   (Site not responding. Last check: 2007-10-26)
Western Shoshone docket 326-K is listed in the ICC's "Final Report" as one of the dockets "not reported to Congress" because the case was still on appeals (by both the U.S. government and the traditional Western Shoshone) before the Court of Claims when the Indian Claims Commission went out of existence.
That is, the Western Shoshone did not cede their lands to the United States by the terms of the Ruby Valley Treaty.
Rather, the Commission determined the extent of the Western Shoshones' aboriginal territory and concluded they were deprived of that land by the gradual encroachment of non-Indians and the gradual disposition of the land by the [federal] government.
www.nativeweb.org /pages/legal/shoshone/ili-report.html   (3841 words)

  
 Western Sahara
The population of the territory was an estimated 260,000.
Freedom of movement within the Western Sahara was limited in militarily sensitive areas, both within the area controlled by the Government of Morocco and the area controlled by the Polisario.
Moroccan authorities claimed that the Laayoune chapter was actively lobbying for the independence of the Western Sahara.
www.state.gov /g/drl/rls/hrrpt/2003/27941.htm   (2184 words)

  
 Western Shoshone Alert, 2002
This payment was the result of the discriminatory Indian Claims Commission proceedings which denied the Western Shoshone due process and ignored the evidence of existing Shoshone land title.
The Claims Commission found that "by gradual encroachment of whites, settlers and others,...the [Western Shoshones] were deprived of their lands." Never mind how trespasses and treaty violations by individual whites could possibly have given the Government title, especially since the Shoshones ceded no land in the 1863 Treaty of Ruby Valley.
When the Temoak Council fired the claims attorneys, the Interior Department approved an extension of their attorney contract to allow the lawyers time to take the case to final judgment and obtain their contingent fee, over the objections of their supposed client.
www.alphacdc.com /wsdp/livestock2002.html   (2555 words)

  
 Western Shoshone Defense Project Alerts
Western Shoshone asserted that these actions, justified by racially discriminatory legal doctrines enshrined in the domestic law of the United States, demonstrate a serious, massive and persistent pattern of racial discrimination against the Western Shoshone Nation and its people in accordance with CERD urgent action and early warning procedures.
Congress allocated $26.1 million to the Western Shoshone in 1979 at the direction of the Indian Claims Commission, which had concluded the tribes should be compensated for land and resources lost because of "gradual encroachment." The tribes were given an 1872 price for their land and minerals, about 15 cents an acre.
The bill was passed based on an illegitimate “vote” claiming to represent Western Shoshone people, despite the fact that the Western Shoshone National Council, a majority of the democratically-elected Tribal Councils representing over 70% of the population, and all of the traditional Western Shoshone strongly oppose the bill.
www.wsdp.org /distribution_bill.htm   (5879 words)

  
 Indian Country: Bill takes land from tribes - Race in America - MSNBC.com
Under provisions of the bill, Western Shoshone claims to 24 million acres of land in Nevada, Utah, California and Idaho, based on the Ruby Valley Treaty of 1863, are officially subsumed through payment by the U.S. government.
According to the bill’s more vocal Western Shoshone opponents, the one former Western Shoshone tribal governmental leader who had testified in behalf of distribution did so over the opposition of a majority of his council, which passed a resolution refuting his testimony.
A "Western Shoshone Claims Steering Committee," heavily relied on by Reid and Gibbons in producing a show of tribal support for distribution, has all the appearance of a shadow government, having been declared null and void by a resolution of the recognized government - all this again now part of recent historical record.
msnbc.msn.com /id/5404691   (1167 words)

  
 Western Sahara & Reagan
Western Sahara was colonized by Spain in the late nineteenth century, but widespread resistance prevented full control from being established until 1934.
Morocco is determined to hold on to Western Sahara for both political and economic reasons.
The OAU has consistently supported self-determination for Western Sahara, although the issue is a sensitive one as it involved inter-African conflict.
richardknight.homestead.com /files/wsreagan.htm   (2400 words)

  
 Western National - Claims
Western National Mutual Property and Casualty Claims Edina, MN
Western National Assurance Property and Casualty Claims Seattle, WA
One way the true value of Western National can be measured is in our response when a claim occurs.
www.wnins.com /claims   (115 words)

  
 The Hindu : New Delhi News : English analysis of `Janamsakhi' to counter Western claims
An English analysis of the sacred Janamsakhi has hit the bookstands as a rebuttal of Western claims that the anthology of anecdotes on Guru Nanak was a mere hagiography devoid of any historical evidence.
In 1970, Sikh faithfuls were rattled when Western historiographers attempted to portray the life of Guru Nanak, the founder of Sikhism, through modern biographical parameters, questioning events presented in religious lore in the traditional Janamsakhis of 16th and 17th centuries.
Western scholars, led by Dr Hew McLeod, had attempted to show a ``Nanak of history'' while the Janamsakhis presented a ``Nanak of Faith'' with his life woven in miraculous stories.
www.hindu.com /2004/04/29/stories/2004042905010300.htm   (803 words)

  
 Western Shoshone Opposition to S. 958
The Western Shoshone Government opposed and protested against the filing of the claim, stating that the United States had not extinguished Western Shoshone territorial title; therefore, it was not necessary to file the claim.
The claim that the federal government is the Indians’ trustee and may therefore unilaterally impose an "award" on the Western Shoshone without their consent, for a "taking" of land that never occurred, is based on a most bizarre and racist anomaly in United States law.
The United States’ claim to be the trustee of the Western Shoshone is thus predicated upon Christendom’s ancient religious and racist bigotry against non-Christian Indians.
www.nativeweb.org /pages/legal/shoshone/testimonyw.html   (5166 words)

  
 SITE Institute: SITE Publications - Al-Qaeda in Iraq Refutes Western Claims of 'the Weakening Mujahideen' and Accuses ...
Al-Qaeda in Iraq issued a refutation on Saturday May 14th, 2005 of western claims “about the weakening of the mujahideen [in Iraq]”.
The organization claims that, despite Western statements that the mujahideen are “weakened and stagnant” the militants are “continuing until the day of final judgment”.
The message states that “the mujahideen did not weaken and did not become stagnant, but they are transforming with the prosperity of the almighty and the grace of their creature.
siteinstitute.org /bin/articles.cgi?ID=publications45605&Category=publications&Subcategory=0   (350 words)

  
 ICT [2004/07/02]  Official Western Shoshone Opposition to H.R. 884   (Site not responding. Last check: 2007-10-26)
Ike was not authorized by his own Western Shoshone government to testify, the House Resources Committee failed to post on its website the letter from the Te-Moak Council members, as well the resolution from the Te-Moak Council, refuting the very basis of Ike's testimony.
Furthermore, the entire "Western Shoshone Claims Steering Committee" was declared null and void by Te-Moak Council Resolution prior to the so-called "straw poll vote" led by Mr.
Bush is able to side with the official sentiment of a majority of Western Shoshone governments, both IRA and non-IRA, representing a vast majority of the Western Shoshone population base.
www.indiancountry.com /content.cfm?id=1088793641   (576 words)

  
 REVISION – UPDATE   (Site not responding. Last check: 2007-10-26)
The growing resentment against those who oppose the claims distribution was obvious when at the public meeting on the Bill the three who opposed the Bill were loudly booed when speaking.
More recently (1997), it was also to the advantage of the Steering Committee’s ability to move the claims issue forward, to obtain the consensus of the Shoshone people and to promote resolutions of support from the majority of tribal governments – some resolutions have vacillated with new councils the last seven years.
The limitation was “no one should be allowed to litigate a claim forever.” It was not the intent of Congress to leave claims hanging in limbo for over 52 years.
resourcescommittee.house.gov /108cong/full/2003jun18/piffero.htm   (2599 words)

  
 ICT [2003/12/05]  Newcomb: U.S. actions against Western Shoshone becoming transparent   (Site not responding. Last check: 2007-10-26)
Ike, the embattled former chairman of the Western Shoshone Te-Moak Tribal Council, won a seat on the Elko Band Council, but the October election removed him from the Te-Moak Tribal Council, and stripped him of his role as the Te-Moak chairman.
Even though the Indian Claims Commission failed to finalize the work required by Congress in the Western Shoshone case, the federal government still claims that finality has nevertheless been reached in the Western Shoshone case.
Not only was a final report never filed, but since the government claims to have paid itself "on behalf of" the Western Shoshone, the monetary distribution effort has always been and remains an illegitimate federal effort to claim that Western Shoshone lands no longer rightfully belong to the Western Shoshone Nation.
www.indiancountry.com /content.cfm?id=1070642891   (1273 words)

  
 Western Shoshone: sInter-American Commission ruling   (Site not responding. Last check: 2007-10-26)
The witness list for the March hearing included 15 Western Shoshone invited to testify, some of whom were Chairpeople or representatives of their communities and others whose only reason for being on the list was their affiliation with the Claims Steering Committee.
Other Western Shoshone non-governmental organizations such as the Western Shoshone Defense Project who have worked on the issues for 10 years were left off the invitation list as well as communities with Western Shoshone membership such as the Winnemucca Indian Colony.
The claims proceedings have been the entire legal basis for the U.S. to deny Western Shoshone rights, yet the Supreme Court has ruled that because the Claims Commission "found" that title had been extinguished, the Federal Courts no longer have to consider any Western Shoshone cases based on rights or land title.
www.wordsasweapons.com /shoshoneREIDbill.htm   (820 words)

  
 SignOnSanDiego.com > News > Nation -- Norton issues guidance on Western road claims
She is expected Wednesday to formally sign the policy in the form of a memo to assistant secretaries, just days before she plans to step down.
The 10th Circuit decision dealt with an Utah county's claim that jeep tracks on federal land were a county road.
The law, originally intended to help settle the West and its vast public land, was repealed in 1976, but counties were allowed to claim ownership of rights of way that existed before then if they could show they had roadlike qualities.
www.signonsandiego.com /news/nation/20060321-1906-wst-roadfights-norton.html   (602 words)

  
 Western Digital Claims Patent Infringement - Computing News - Digital Trends
Western Digital filed a patent infringement suit against storage manufacturer Cornice today, claiming the company is infringing on seven WD patents related to disk drive technology.
Western Digital is seeking to prevent Cornice from illegally using Western Digital patented technology, as well as seeking to recoup monetary damages resulting from patent infringement by products Cornice has already sold to its customers.
Matt Massengill, chairman and CEO for Western Digital, said, "Western Digital has made significant investments in research and development over its 34-year history, including the last 16 years as a leading hard drive company.
news.digitaltrends.com /article4524.html   (307 words)

  
 Western Shoshone Claims Distribution Act
To provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes.
This Act may be cited as the `Western Shoshone Claims Distribution Act'.
(C) DECEASED INDIVIDUALS- The per capita share of an individual who is deceased as of the date of distribution of the Western Shoshone judgment funds under paragraph (1) shall be paid to the heirs and legatees of the individual in accordance with regulations promulgated by the Secretary.
www.theorator.com /bills108/s618.html   (1659 words)

  
 ESPN.com - Colby claims Federation Western Divisional title   (Site not responding. Last check: 2007-10-26)
Colby is one of five regional amateur qualifiers from the Federation who will go rod-to-rod with the pros for the world title.
While many of his peers ran all over the Delta to catch their fish, he and a few other anglers committed to one area to maximize their time and keep a lure wet.
Sponsors of the CITGO B.A.S.S. Federation Western Divisional tournament are: CITGO Petroleum Corporation, Chevrolet, Armstrong Industrial Hand Tools, Bass Pro Shops, Berkley, Eagle Claw, B.A.S.S. Platinum Visa/First USA Bank, Flowmaster, GMAC Insurance, W.L. Gore and Associates Inc., Kumho Tires, Long John Silver's, Lowrance, Mercury Marine, MotorGuide/Quantum, Skeeter, Triton, and Yamaha.
sports.espn.go.com /espn/print?id=1399856&type=story   (840 words)

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