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JOHNSON v. LOWER ELWHA TRIBAL COMMUNITY, ETC. WASH.

No. 73-1200.

484 F.2d 200 (1973)

Stanley JOHNSON, Plaintiff-Appellant, v. The LOWER ELWHA TRIBAL COMMUNITY OF the LOWER ELWHA INDIAN RESERVATION, WASHINGTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 4, 1973.

Attorney(s) appearing for the Case

Michael Taylor, Washington, D. C. (argued), Legal Services Center, Seattle, Wash., for plaintiff-appellant.

Neil T. Proto, Seattle, Wash. (argued), Kent Frizzell, Wallace H. Johnson, Asst. Attys. Gen., Dept. of Justice, Washington, D. C., Stan Pitkin, U. S. Atty., Stuart Pierson, Thomas P. Giere, Asst. U. S. Attys., Seattle, Wash., Carl Strass, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before HAMLIN and TRASK, Circuit Judges, and BELLONI, District Judge.

TRASK, Circuit Judge:

This is an appeal from an order of the District Court for the Western District of Washington granting defendant-appellee's motion to dismiss for lack of jurisdiction. The court concluded that "the matters alleged in the complaint relate to a strictly intra-tribal matter."

The appellant, Stanley Johnson, is an enrolled member of the Lower Elwha Tribal Community, an Indian tribe organized under...

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