United States Ex Rel. The Nez Perce Tribe of Indians and William N. Stevens v. Fred A. Seaton, Secretary of the Interior
This text of 257 F.2d 206 (United States Ex Rel. The Nez Perce Tribe of Indians and William N. Stevens v. Fred A. Seaton, Secretary of the Interior) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellants seek to enjoin the Secretary of the Interior from conveying certain lands which the appellants claim are held by the United States in trust for them. The United States claims full ownership. The question is highly debatable. Because we think it cannot be decided in a suit in which the United States is not a party, we do not reach it. The United States is not being sued and has not consented to be sued. We think the District Court was therefore right in entering summary judgment for the Secretary. Larson v. Domestic and Foreign Commerce Corp., 337 U.S. 682, 69 S.Ct. 1457, 93 L.Ed. 1628; cf. Land v. Dollar, 330 U.S. 731, 737-738, 67 S.Ct. 1009, 91 L.Ed. 1209. If the Secretary were violating a plain legal duty in regard to the lands, the case might be different.
Affirmed.
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257 F.2d 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-the-nez-perce-tribe-of-indians-and-william-n-stevens-cadc-1958.