The museum has also asked the U.S. District Court to be indemnified from liability and that Hui Malama, a Native Hawaiian organization dedicated to repatriating human remains, pay any expenses the museum is incurring.

At issue are 83 sets of cultural objects, many of which are believed to have been taken from Forbes Cave and other nearby caves in the 1900s. They had been in the possession of the museum but were loaned in February 2000 to Hui Malama "pending completion of . . . repatriation."

Last year, Na Lei Alii Kawananakoa and the Royal Hawaiian Academy of Traditional Arts sued the museum and Hui Malama for the return of the items, alleging that repatriation of the items had not occurred under guidelines set forth by the Native American Graves Protection and Repatriation Act.

The two groups, like Hui Malama, are among the claimants in the NAGPRA process.

Alan Murakami of the Native Hawaiian Legal Corp., which is representing Hui Malama, said he was puzzled by the cross-claim, noting that the museum had itself declared the items repatriated.

Trial is set for Sept. 26 before U.S. District Judge David Ezra. Hui Malama has refused to follow court orders demanding the items be returned pending the trial. The court has ordered the items retrieved, with or without Hui Malama's cooperation.