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CITIZEN BAND POTAWATOMI INDIAN TRIBE v. COLLIER

No. 93-6042.

17 F.3d 1292 (1994)

CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA, a federally recognized Indian Tribe, Plaintiff-Appellant, v. L.W. COLLIER, Jr., in his official capacity as the Area Director of the Anadarko Area Office of the Bureau of Indian Affairs, Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 25, 1994.

Attorney(s) appearing for the Case

Michael Minnis (David McCullough with him on the brief), Michael Minnis & Associates, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Jacques B. Gelin, Attorney, Department of Justice (and Myles E. Flint, Acting Assistant Attorney General, Washington, D.C., Joe Heaton, United States Attorney, and M. Kent Anderson, Assistant United States Attorney, Oklahoma City, Oklahoma, Edward J. Shawaker and Glen R. Goodsell, Attorneys, Department of Justice, Washington, D.C., and M. Sharon Blackwell and Keith S. Francis, Office of the Field Solicitor, Department of the Interior, Tulsa, Oklahoma, with him on the brief) for Defendant-Appellee.

Before KELLY and McKAY, Circuit Judges, and ROGERS, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-appellant Citizen Band Potawatomi Indian Tribe of Oklahoma appeals from dismissal of its suit against the Bureau of Indian Affairs for failure to join an indispensable party. Fed.R.Civ.P. 12(b)(7), 19. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

Background

Pursuant to 25 U.S.C. § 465, the Bureau of Indian Affairs (BIA) has the power to grant trusts of land to proper Indian...

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