FONDAHN v. NATIVE VILLAGE OF TYONEK

No. 25359.

450 F.2d 520 (1971)

Marie Cleghorn FONDAHN, Plaintiff-Appellant, v. NATIVE VILLAGE OF TYONEK, etc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 28, 1971.


Attorney(s) appearing for the Case

James K. Tallman, Anchorage, Alaska, for plaintiff-appellant.

Robert E. Hammond, Anchorage, Alaska, for defendant-appellee.

Before JERTBERG, WRIGHT and CHOY, Circuit Judges.


CHOY, Circuit Judge:

Marie Cleghorn Fondahn filed an action in the District Court for a declaratory judgment and for imposition of a constructive trust on revenues from certain oil and gas leases on the ground that she is a member of the Tyonek Indian Tribe and entitled to benefit from the lease proceeds. The District Court granted summary judgment against her, and she appeals. We reverse and remand with instructions.

Pursuant to Executive Order No. 2141,...

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