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MARTINEZ v. SOUTHERN UTE TRIBE

No. 20068.

374 P.2d 691 (1962)

Mary MARTINEZ, Plaintiff in Error, v. The SOUTHERN UTE TRIBE, a corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied October 8, 1962.

Attorney(s) appearing for the Case

Bentley M. McMullin, Aurora, Lewis M. Perkins, Durango, for plaintiff in error.

LaVerne H. McKelvey, R. Franklin McKelvey, Durango, for defendant in error.

MOORE, Justice.

We will refer to plaintiff in error as Mary or plaintiff, and to defendant in error as the Tribe or defendant.

It was alleged in the complaint filed by plaintiff that the Southern Ute Tribe was a recognized tribe of Indians residing within the Southern Ute Reservation in La Plata and Archuleta counties, Colorado; that pursuant to the provisions of 25 U.S.C. A. § 476 said tribe adopted a constitution and by-laws which were ratified September...

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