CROW TRIBE OF INDIANS v. STATE OF MONTANA

No. 91-35682.

969 F.2d 848 (1992)

The CROW TRIBE OF INDIANS, Plaintiff-Appellee, v. STATE OF MONTANA; Denis Adams, Director, Montana Department of Revenue; Big Horn County, Montana; Lorraine Hamilton, Treasurer, Big Horn County, Montana, Defendants-Appellants, and Westmoreland Resources, Inc. Defendant-Intervenor, v. UNITED STATES of America, Plaintiff-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 23, 1992.


Attorney(s) appearing for the Case

Clay R. Smith, Sol., State of Mont., Helena, Mont., John W. Ross, Sp. Asst. Atty. Gen., Billings, Mont., Christine A. Cooke, Big Horn County Atty., Hardin, Mont., for defendants-appellants.

Robert S. Pelcyger, Fredericks, Pelcyger & Hester, Boulder, Colo., for plaintiff-appellee.

Edward J. Shawaker and Elizabeth Ann Peterson, U.S. Dept. of Justice, Washington, D.C., for plaintiff-intervenor-appellee.

Before: ALARCON, RYMER, and T.G. NELSON, Circuit Judges.


ORDER

The district court certified for interlocutory appeal its denial of appellant's Motion to Dismiss for failure to state a claim on which relief can be granted. This court granted permission for the appeal on July 17, 1991.

The sole issue on this appeal is whether the Crow Tribe and the United States, as its trustee, can state a claim for relief in claiming assumpsit, for money had and received, and constructive trust in its Fourth Amended Complaint...

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