Legal Opinion
Martin J. Sampson v. United States
Court of Appeals for the Ninth Circuit
Decided April 2, 1976No. 75-1883PublishedCited by 5 opinions
1Opinion of the Court
OPINION
Before WALLACE and KENNEDY, Circuit Judges, and BOHANON, * District Judge. PER CURIAM:
This suit was brought to compel an Indian land allotment. 25 U.S.C. § 345; 28 U.S.C. § 1353. The district court granted judgment for the defendant United States, and we affirm.
Procedural Background
Plaintiff Sampson is a Swinomish-Skagit Indian. Under the Treaty of Point Elliott, Jan. 22, 1855, 12 Stat. 927, and the General Allotment Act of 1887, as amended, 25 U.S.C. §§ 331-58, members of his tribe were eligible to apply for individual allotments of land within the Swinomish Indian Reservation,…
2Cases cited6 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Sarah Pence v. Thomas S. Kleppe, Individually and as Secretary of the Interior of the United States and His Agents, and the United States of AmericaCourt of Appeals for the Ninth Circuit · 1976
- Arenas v. United StatesSupreme Court of the United States · 1944
- Amos A. Hopkins (Dukes) v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- Lemieux v. United StatesCourt of Appeals for the Eighth Circuit · 1926
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3Cited by5 opinions
- Nichols v. RysavyCourt of Appeals for the Eighth Circuit · 1987
- Elaine Christensen, Orville Brown, Doran Pete and Gladys Walker v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1985
- Big Spring v. United StatesCourt of Appeals for the Ninth Circuit · 1985
- Katherine B. Nichols, Individually and as Special Administratrix of the Estate of Amelia Huston Nichols No. 593, Deceased v. Don Rysavy, Margaret Rysavy, Raymond Demers, Leo Novotny, Raymont Demers, Geraldine Demers, Doris Rysavy, Estates of W. & A. Rysavy, J. Rysavy, James Rysavy, William Rysavy, Amelia Rysavy, the United States of America, Hon. Donald P. Hodel as United States Secretary of the Interior, Ken Smith as Assistant Secretary of the Interior for Indian Affairs, Clover Potter, Individually and as the Special Administratrix of the Estate of James Wilde v. State of South Dakota, United States of America, Donald P. Hodel as U.S. Secretary of the Interior, Ken Smith as Assistant Secretary of the Interior for Indian Affairs, Gladys Ecoffey, Individually and as Special Administratrix of the Estate of John Yellow Bird v. Washabaugh County, United States of America, Donald P. Hodel as U.S. Secretary of the Interior, Ken Smith as Assistant Secretary of the Interior for Indian Affairs, Chicago Title Insurance Company, First American Title Insurance Company, Lawyers Title Insurance Corporation, Safeco Title Insurance Company of Idaho, Stewart Title Guaranty Company, Ticor Title Insurance Company, Title Insurance Company of Minnesota, Transamerica Title Insurance Company, Uslife Title Insurance Company of America, Amici Curiae for Rosemond Goins, Individually and as Special Administratrix of the Estate of Ida Huston Roubideaux v. Nick Assman, Edwin Assman, W.O. Assman, William Assman, Isabelle Assman, Dorothy Assman, Donald Assman, Clarence Assman, Sadie Assman, Joe Assman, Esther Assman, Assman Realty, the United States of America, Honorable James Watt, as United States Secretary of the Interior Ken Smith, as Assistant Secretary of the Interior for Indian Affairs, Lois Emery Fallis, Individually and on Behalf of the Heirs, Devisees, Benefactors and Assigns of Robert Emery, Deceased v. G.W. Holmes and Delores Holmes, United States of America, Honorable William Horn, United States Secretary of the Interior and Ross Swimmer, as Assistant Secretary of the Interior for Indian Affairs, Shirley Lee Bordeaux, Individually and as Special Administratrix of the Estate of Clara Hudson, No. 3196, Deceased v. Mary Ann Hunt, Estate of Lyle T. Hunt Alvina Woockmann, the United States of America: Honorable Donald Hodel, as United States Secretary of the Interior Ken Smith, as Assistant Secretary of the Interior for Indian Affairs, Mary Pritzkau, Individually and as Special Administratrix of the Estate of Narcisse Rich, Allotment No. 1163, Deceased v. Cottonwood Ranch & Livestock Co., Charles Steen, Vera Steen, Louis Buduhl, Chester Buduhl, the United States of America, Honorable Donald Hodel, as Secretary of the Interior Ken Smith, Secretary of the Interior for Indian Affairs, Tri-County Water Association, Mary H. Pritzkau, Individually and as Special Administratrix of the Estate of Julia Narcelle v. Helen Larson, Estate of Clifford Larson Ziebach County, the United States of America, Honorable Donald Hodel, as United States Secretary of the Interior and Ken Smith, Assistant Secretary of the Interior for Indian Affairs, Elsie Bonser, Individually and as Estate Administratrix of the Estate of Mattie J. Bonser, No. 142 1/2, Deceased v. Ruth Shelbourn Julius Wahl Dorothy Wahl Todd County Independent School District Joseph Shelbourn Floyd Reagle Ethelena Reagle the United States of America Honorable Donald Hodel, as United States Secretary of the Interior and Ken Smith, as Assistant Secretary of the Interior for Indian Affairs, Anna Rose Lapointe, Individually, and as Special Administratrix of the Estate of Lena Lima Bourdeaux v. C. & M. McCormick Mary Abdellah Charles McCormick Will Maggrett United States of America Honorable Donald Hodel, as United States Secretary of the Interior and Ken Smith, as Assistant Secretary of the Interior for Indian Affairs, Duane R. Sanovia, Individually and as Special Administrator of the Estate of James Sanovia, Deceased v. Leslie Handcock, Thelma Handcock, Mae Handcock, Estate of M.D. Handcock, United States of America Donald Hodel, Secretary of the Interior Ken Smith, Assistant Secretary of the Interior for Indian Affairs, Mary Louise Bordeaux, Individually and as Special Administratrix of the Estate of Clementine Hudson v. Henry Horn, Marion Horn, Elmer Horn, Estate of A. Horn, Anna Horn, United States of America Honorable Donald Hodel, as Secretary of the Interior Ken Smith, Assistant Secretary of the Interior for Indian Affairs, Marceline Hastings, Individually, and as Special Administratrix of the Estate of Frank McCloskey Deceased v. Platte Valley and Investment Co. Earl Hollenbeck Vincent Hollenbeck v. Hollenbeck the United States of America Honorable Donald Hodel, as United States Secretary of the Interior and Ken Smith, as Assistant Secretary of the Interior for Indian Affairs, Marceline Hastings, Individually and as Special Administrator of the Estate of Mary Pure Blacksmith, Deceased v. Frank Massa, Esther Massa, Guisto Massa, Maria Massa, Charlotte Abrams, A/K/A C. Cherniak the United States of America Honorable Donald Hodel, as Secretary of the Interior Ken Smith, as Assistant Secretary of the Interior for Indian AffairsCourt of Appeals for the First Circuit · 1987
- William Forest Big Spring Sr. v. The United States of America, Bureau of Indian Affairs, Melba Josephine Arnoux Woodhouse v. The United States of America, Bureau of Indian AffairsCourt of Appeals for the Ninth Circuit · 1985