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PRICE v. U.S.

No. 92-6408.

7 F.3d 968 (1993)

Ollie F. PRICE, III, Plaintiff-Appellant, v. UNITED STATES of America, as Trustee for the Heirs of Tissyroquet, Comanche Allotment No. 852, Defendant-Appellee, and Wilford Pahcoddy, an individual; Larry Gene Pahcoddy, an individual; Rosalie Pahcoddy Bennett, an individual; Lena Pahcoddy, an individual; Irene Pahcoddy Lane, an individual; Barbara Dean Baker, an individual; Bonnie Jean Baker, an individual, Defendants.

United States Court of Appeals, Tenth Circuit.

October 18, 1993.

Attorney(s) appearing for the Case

Wayne Krug, Lawton, OK, for plaintiff-appellant.

Myles E. Flint, Acting Asst. Atty. Gen., Washington, DC, Joe Heaton, U.S. Atty., M. Kent Anderson, Asst. U.S. Atty., Oklahoma City, OK, and Jacques B. Gelin and Peter A. Appel, Attorneys, Appellate Section, Environment and Natural Resources Div., Dept. of Justice, Washington, DC, for defendants-appellees.

Before LOGAN and BRORBY, Circuit Judges, and KANE, District Judge.

BRORBY, Circuit Judge.

Plaintiff-appellant Ollie F. Price, III appeals from an order dismissing his partition action on the ground that the United States, an indispensable party, had not consented to be sued. Plaintiff contends that the United States has consented to be sued. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.1

Pursuant to 25 U.S.C. § 372, the United...

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