Isabelle Meeks, Administratrix of the Estate of Lavare Meeks, Deceased v. Oren J. McAdams Shoshone Tribe, and Arapahoe Tribe

Tenth Circuit

Isabelle Meeks, Administratrix of the Estate of Lavare Meeks, Deceased v. Oren J. McAdams Shoshone Tribe, and Arapahoe Tribe

390 F.2d 650, 1968 U.S. App. LEXIS 7884

CourtCourt of Appeals for the Tenth Circuit

DecidedMarch 4, 1968

Docket9837_1

StatusPublished

Cited by1 cases

This text of 390 F.2d 650 (Isabelle Meeks, Administratrix of the Estate of Lavare Meeks, Deceased v. Oren J. McAdams Shoshone Tribe, and Arapahoe Tribe) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Isabelle Meeks, Administratrix of the Estate of Lavare Meeks, Deceased v. Oren J. McAdams Shoshone Tribe, and Arapahoe Tribe, 390 F.2d 650, 1968 U.S. App. LEXIS 7884 (10th Cir. 1968).

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Opinion

PER CURIAM.

This action was commenced by Isabelle Meeks, the administratrix of the estate of LaVare Meeks, to recover damages for the alleged wrongful death of LaVare Meeks. The appellant anc. Ap-pellee McAdams are enrolled Indians of the Shoshone Tribe as was the decedent. The decedent was killed while a passenger in a police car owned by the Joint Tribal Council, Shoshone and Arapahoe Tribes, Wind River Indian Reservation, Wyoming. The police car was being operated by McAdams, a tribal policeman, at the time of the accident which occurred within the boundaries of the reservation. The trial court dismissed the action for want of jurisdiction.

As the trial court correctly pointed out “there is no diversity of citizenship between the parties, no federal question has been raised and presented for decision and Congress has not expressly given plaintiff authority to bring this action nor this court jurisdiction to entertain it.” Prairie Band Pottawatomie Tribe of Indians v. Udall, 355 F.2d 364 (10th Cir. 1966); Prairie Band Pottawatomie Tribe of Indians v. Puckkee, 321 F.2d 767 (10th Cir. 1963); and Martinez v. Southern Ute Tribe, 249 F.2d 915 (10th Cir. 1954). Cf. Williams v. Gana-do Trading Post, 358 U.S. 217, 79 S.Ct. 269, 3 L.Ed.2d 251 (1959).

In view of these decisions we deem the jurisdictional question presented in this appeal so unsubstantial as not to require further argument; appellee’s motion to affirm is granted and the judgment is affirmed.

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PER CURIAM.

This action was commenced by Isabelle Meeks, the administratrix of the estate of LaVare Meeks, to recover damages for the alleged wrongful death of LaVare Meeks. The appellant anc. Ap-pellee McAdams are enrolled Indians of the Shoshone Tribe as was the decedent. The decedent was killed while a passenger in a police car owned by the Joint Tribal Council, Shoshone and Arapahoe Tribes, Wind River Indian Reservation, Wyoming. The police car was being operated by McAdams, a tribal policeman, at the time of the accident which occurred within the boundaries of the reservation. The trial court dismissed the action for want of jurisdiction.

As the trial court correctly pointed out “there is no diversity of citizenship between the parties, no federal question has been raised and presented for decision and Congress has not expressly given plaintiff authority to bring this action nor this court jurisdiction to entertain it.” Prairie Band Pottawatomie Tribe of Indians v. Udall, 355 F.2d 364 (10th Cir. 1966); Prairie Band Pottawatomie Tribe of Indians v. Puckkee, 321 F.2d 767 (10th Cir. 1963); and Martinez v. Southern Ute Tribe, 249 F.2d 915 (10th Cir. 1954). Cf. Williams v. Gana-do Trading Post, 358 U.S. 217, 79 S.Ct. 269, 3 L.Ed.2d 251 (1959).

In view of these decisions we deem the jurisdictional question presented in this appeal so unsubstantial as not to require further argument; appellee’s motion to affirm is granted and the judgment is affirmed.

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390 F.2d 650, 1968 U.S. App. LEXIS 7884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/isabelle-meeks-administratrix-of-the-estate-of-lavare-meeks-deceased-v-ca10-1968.

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