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SCHANTZ v. WHITE LIGHTNING

Nos. 74-1026, 74-1027.

502 F.2d 67 (1974)

James SCHANTZ, Appellant, v. Ada WHITE LIGHTNING and Leroy White Lightning, Appellees. Jack F. SCHAFF, Appellant, v. Ada WHITE LIGHTNING and Leroy White Lightning, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1974.

Attorney(s) appearing for the Case

Malcolm H. Brown, Mandan, N. D., for appellants.

John M. Olson, Special Asst. Atty. Gen., Bismarck, N. D., for appellees.

Before HEANEY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.

STEPHENSON, Circuit Judge.

The sole issue before us is whether pursuant to 28 U.S.C. § 1331(a) (1970) a federal court has subject-matter jurisdiction of a tort action arising on an Indian reservation involving non-Indian plaintiffs and an Indian defendant. The United States District Court for the District of North Dakota dismissed plaintiff-appellant's complaint for want of a federal question. Schantz v. White Lightning, 368 F.Supp. 1070

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