Legal Opinion
Mary Poitra, as Mother and Surviving Parent of Richard A. Primeaux v. Donald Demarrias
Court of Appeals for the Eighth Circuit
Decided August 28, 1974No. 74-1025PublishedCited by 40 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
In this wrongful death action brought by one Indian against another Indian, the primary issue raided on appeal is whether diversity jurisdiction in the federal district court pursuant to 28 U. S.C. § 1332(a) (1970) is precluded by reason of the absence of subject-matter jurisdiction in the courts of the State of North Dakota over civil causes of action arising in Indian country. Gourneau v. Smith, 207 N.W.2d 256 (N.D.1973). 1
Plaintiff-appellant and defendant-ap-pellee are both enrolled Indians residing within the exterior' boundaries of the Standing Rock Sioux Indian…
2Cases cited28 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
23 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Engineering, P. C.Supreme Court of the United States · 1984
- Weeks Construction, Inc. v. Oglala Sioux Housing Authority, United States of America, and Department of Housing and Urban DevelopmentCourt of Appeals for the Eighth Circuit · 1986
- R.J. Williams Company, Richard J. Williams and Fireman's Fund Insurance Company v. Fort Belknap Housing AuthorityCourt of Appeals for the Ninth Circuit · 1983
- Esther Lee Begay, Etc. v. The Kerr-Mcgee CorporationCourt of Appeals for the Ninth Circuit · 1982
- Sheppard v. SheppardIdaho Supreme Court · 1982
35 more not listed; retrieve them via the Exa API.