Opinion · Court of Appeals for the Ninth Circuit

The Fort Mojave Tribe, by and Through Its Tribal Council in Class Action on Behalf of All Members of Said Tribe v. William L. Lafollette

478 F.2d 1016

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1973-05-16
Topic
general

How later courts describe this case

  • holding S 1331 jurisdiction attaches only if the complaint alleges a "substantial controversy between the parties regarding the interpretation or effect of federal law"
  • involving a lawsuit by a tribe seeking quiet title to land
  • Indian tribe can sue under 28 U.S.C. § 1362 to protect federally protected property rights
  • “Congress intended by § 1362 to authorize an Indian tribe to bring suit in federal court to protect its federally derived property rights in those situations where the United States declines to act.” (citations omitted)

Citator

UpLaw has not yet analyzed The Fort Mojave Tribe, by and Through Its Tribal Council in Class Action on Behalf of All Members of Said Tribe v. William L. Lafollette. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
34 opinions