SCHANTZ v. WHITE LIGHTNING

Civ. Nos. 1229, 1230.

368 F.Supp. 1070 (1973)

James SCHANTZ, Plaintiff, v. Ada WHITE LIGHTNING and LeRoy White Lightning, Defendants. Jack F. SCHAFF, Plaintiff, v. Ada WHITE LIGHTNING and LeRoy White Lightning, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

October 29, 1973.


Attorney(s) appearing for the Case

Malcolm H. Brown, of Vogel, Bair & Brown, Mandan, N. D., for plaintiffs.

John M. Olson, Special Asst. Atty. Gen., Bismarck, N. D., for Unsatisfied Judgment Fund.


ORDER

VAN SICKLE, District Judge.

Pending in the captioned actions are Defendants' motions to dismiss for lack of subject matter jurisdiction.

Briefs have been filed and arguments have been heard.

Plaintiffs are James Schantz, driver of, and Jack F. Schaff, passenger in a pickup truck. They are non-Indians, citizens of North Dakota, who reside within North Dakota outside any Indian Reservation.

Defendant Ada White Lightning is an...

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