BOTTOMLY v. PASSAMAQUODDY TRIBE

No. 78-1515.

599 F.2d 1061 (1979)

John S. BOTTOMLY, Plaintiff, Appellant, v. PASSAMAQUODDY TRIBE et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 17, 1979.


Attorney(s) appearing for the Case

Donald H. Marden, Augusta, Maine, with whom John S. Bottomly, Millis, Maine, was on brief, for appellant.

Edward J. Shawaker, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., were on brief, for the United States, appellee.

Thomas N. Tureen, Calais, Maine, with whom Richard B. Collins, Window Rock, Ariz., was on brief, for Passamaquoddy Tribe, John Stevens and Eugene Francis, appellees.

John M. R. Paterson, Deputy Atty. Gen., Augusta, Maine, with whom David Roseman, Asst. Atty. Gen., Augusta, Maine, was on brief, for the State of Maine, amicus curiae.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, PETTINE, District Judge.


COFFIN, Chief Judge.

This is a diversity action brought by an attorney against the Passamaquoddy Tribe and three of its former tribal governors to recover on a contingency contract for attorney's fees. After argument on a defense motion to dismiss, the district court found that the Tribe and its officers were protected from suit by the doctrine of sovereign immunity, Santa Clara Pueblo v. Martinez, 436 U.S. 49, 98 S.Ct. 1670...

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