WARDLE v. UTE INDIAN TRIBE

No. 78-1678.

623 F.2d 670 (1980)

Ray WARDLE, Plaintiff-Appellant, v. The UTE INDIAN TRIBE, a Federal Chartered Corporation; Francis Wyasket; Homey J. Secakuku; Fred A. Conetah; Wilbur Cuch; Irene C. Cuch; and Gary Poowegup, Individually and as members of The Uintah and Ouray Tribe Business Committee; and Michael A. Quinn, Individually and as Chairman of The Ute Tribal Personnel Committee, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 17, 1980.


Attorney(s) appearing for the Case

James M. Leventhal, Denver, Colo. (Kenneth N. Kripke, Denver, Colo., and James R. Black, Salt Lake City, Utah, with him, on brief), for plaintiff-appellant.

Scott C. Pugsley of Boyden, Kennedy, Romney & Owens, Salt Lake City, Utah, for defendants-appellees.

Before SETH, Chief Judge, HOLLOWAY and McKAY, Circuit Judges.


McKAY, Circuit Judge.

Ray Wardle was employed as a policeman for more than seventeen years by the Ute Indian Tribe. Wardle, who is not a member of the tribe, received a notice of discharge in 1973 which explained:

In keeping with the general tribal philosophy and policies as have been stated to all non-tribal member employees on numerous occasions over the years, it is the objective of the tribe to place qualified tribal members in all positions on the Reservation...

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