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MARTINEZ v. SEATON

Nos. 6551, 6552.

285 F.2d 587 (1961)

Mary MARTINEZ, Appellant, v. Fred A. SEATON, as Secretary of the Interior of the United States, and The Southern Ute Tribe, Appellees.

United States Court of Appeals Tenth Circuit.

January 7, 1961.

Attorney(s) appearing for the Case

Bentley M. McMullin, Aurora, Colo. (Lewis M. Perkins, Durango, Colo., on the brief), for appellant.

LaVerne H. McKelvey, Durango, Colo. (R. Franklin McKelvey, Durango, Colo., on the brief), for appellee, Southern Ute Tribe, a corporation.

Raymond N. Zagone, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Donald G. Brotzman, U. S. Atty., and W. Richard McMartin, Asst. U. S. Atty., Denver, Colo., and S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee, Fred A. Seaton, as Secretary of the Interior of the United States.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, District Judge.

LEWIS, Circuit Judge.

These two cases, consolidated upon appeal because of a common and dispositive question of law, represent a continuation of the plaintiff's efforts to have a judicial declaration or determination of her claimed status as a member of the Southern Ute Tribe so that she may participate in the tribal benefits or recover damages for her wrongful rejection from the Tribe. In two prior cases we have considered the jurisdictional aspects of her contentions...

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