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ESKRA v. MORTON

No. 74-1906.

524 F.2d 9 (1975)

Constance Jean Hollen ESKRA, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellant. v. Rogers MORTON, Individually and as Secretary of the Interior, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 29, 1975.

Attorney(s) appearing for the Case

Peter J. Sferrazza, Wisconsin Judicare, Inc., Wausau, Wis., for plaintiff-appellant.

Wallace H. Johnson, Asst. Atty. Gen., Michael A. McCord, Atty., Dept. of Justice, Washington, D. C., David C. Mebane, U. S. Atty., Madison, Wis., for defendants-appellees.

Before TUTTLE, Senior Circuit Judge, and CUMMINGS and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

The question presented by this case is whether the federal government may discriminate aganst an illegitimate Indian child when it is distributing intestate property left by a collateral heir of the plaintiff's deceased mother. More narrowly, does the holding in Labine v. Vincent, 401 U.S. 532, 91 S.Ct. 1017, 28 L.Ed.2d 288, that the State of Louisiana may discriminate against an illegitimate when distributing...

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