Labels:book | reckoner | sky OCR: FDIC's reliance on United States Hopkins, is mis- placed because the brief discussior of pasodord consti- tutional theory in that per curiam decision is dicta. 130 The Testan rule that is. that plaintiff suing the government must show both waiver sovereifn immunity and substantive right "mandating" compen- sation (Testan, supra 424 402) was more recentiy examined and applied circumstances similar this case ir United States Mitchell supra, 463 U.S 206 {1983} ("Mitchell I"} Ir Mitchell the Court based findi ing af substantive law mandating compensation on the General Allotment Act 1887 {25 U.S.C. 331 seq.) plus additional statutes and regul lations which gave the gov emment "full responsibility manage Indian resources and established fiduciary relationship between the United States and India ...
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