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CHILKAT INDIAN VILLAGE v. JOHNSON

No. J84-024 Civil.

643 F.Supp. 535 (1986)

CHILKAT INDIAN VILLAGE, a Federally Recognized Indian Tribe, Plaintiff, v. Michael R. JOHNSON, an Individual, Michael R. Johnson, Inc., a Profit Corporation Incorporated in the State of Washington, and Clarence Hotch, Mildred Sparks (Deceased), Margaret Thomas, Wesley Willard, Evans Willard, David Light, Ron Sparks, Raymond Light, Irene Rowan, Clifford Thomas, William A. Thomas, Jr., Christine Martin, Mia Rowan, and Rochene Rowan, Individual Members of the "Whale House Group", Defendants, and State of Alaska, Intervenor-Defendant.

United States District Court, D. Alaska.

September 15, 1986.

Attorney(s) appearing for the Case

Janine Reep, Donald Cooper, Heather H. Grahame, Vance Sanders, Alaska Legal Services, Anchorage, Alaska, for plaintiff.

Donna C. Willard, Willoughby & Willard, Anchorage, Alaska, for defendants.

Douglas K. Mertz, Asst. Atty. Gen., Harold M. Brown, Atty. Gen., Juneau, Alaska, for intervenor-defendant.

MEMORANDUM AND ORDER

VON DER HEYDT, District Judge.

This matter is before the court on the court's request for briefing with respect to whether plaintiff's third cause of action should be dismissed for want of subject-matter jurisdiction. The court suggested that the third cause of action rests on a statute that provides no private right of action. Such a defect in a plaintiff's cause of action is jurisdictional...

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