SLATTERY v. ARAPAHOE TRIBAL COUNCIL

Nos. 583-70, 584-70.

453 F.2d 278 (1971)

Sarah Jean Chamberlain SLATTERY, for herself and as parent, natural guardian, and next of friend of Billy Byron Slattery and Kenneth Kurt Slattery, her minor sons, Appellant, v. ARAPAHOE TRIBAL COUNCIL, also known as Arapahoe Business Council, and U. S. Secretary of the Interior, Walter J. Hickel, Appellees. Barbara M. PINNOW, for herself and as parent, natural guardian, and next of friend of Elmer Hans Pinnow, et al., Appellant, v. SHOSHONE TRIBAL COUNCIL, also known as Shoshone Business Council, and U. S. Secretary of the Interior, Walter J. Hickel, Appellees.

United States Court of Appeals, Tenth Circuit.

December 30, 1971.


Attorney(s) appearing for the Case

Ernest Wilkerson, Casper, Wyo., for appellants.

Marvin J. Sonosky, Washington, D. C., for appellee Shoshone Business Council.

Richard A. Baenen, Washington, D. C. (Glen A. Wilkinson, of Wilkinson, Cragun & Barker, and R. Anthony Rogers, Washington, D. C., of counsel, on the brief), for appellee Arapahoe Business Council.

Dirk D. Snel, Atty., Dept. of Justice (Shiro Kashiwa, Asst. Atty. Gen., Richard V. Thomas, U. S. Atty., and Jacques B. Gelin, Atty., Dept. of Justice, on the brief), for appellee Secretary of the Interior, Walter J. Hickel.

Before SETH, HOLLOWAY and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

The issue here to be resolved is whether the United States District Court for the District of Wyoming has jurisdiction to hear a controversy pertaining to certain tribal enrollment practices of the Arapahoe and Shoshone Tribes. The trial court held it did not have such jurisdiction. Pinnow v. Shoshone Tribal Council, D.C., 314 F.Supp. 1157 (1970). We agree that the trial court did not have jurisdiction...

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