Legal Opinion
Mescalero Apache Tribe v. Martinez
Court of Appeals for the Tenth Circuit
Decided July 9, 1975No. 74-1516PublishedCited by 22 opinions
1Opinion of the Court
McWILLIAMS, Circuit Judge.
The Mescalero Apache Tribe brought an action for breach of contract against Joe R. Martinez, doing business as Marco Construction Company, in the United States District Court for the District of New Mexico. By answer Martinez denied the existence of any contract, and challenged the subject matter jurisdiction of the court. The trial court ruled that it did not have jurisdiction of the subject matter, and dismissed the action. The Tribe now appeals. The single issue is whether under 28 U.S.C. § 1362 the trial court had jurisdiction of this action. In our view the…
2Cases cited10 opinions
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- Taylor v. AndersonSupreme Court of the United States · 1914
- Jack Moses, Puyallup Tribe v. George Kinnear, as Director of the Department of Revenue, State of WashingtonCourt of Appeals for the Ninth Circuit · 1974
- The Fort Mojave Tribe, by and Through Its Tribal Council in Class Action on Behalf of All Members of Said Tribe v. William L. LafolletteCourt of Appeals for the Ninth Circuit · 1973
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Mountain Fuel Supply Company, a Utah Corporation, and Cross-Appellant v. Reland Johnson, and Johnson Oil Company, Inc., and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1978
- Gila River Indian Community v. Henningson, Durham & Richardson, a Nebraska Corporation, and Ranier Construction Company, Inc., an Arizona CorporationCourt of Appeals for the Ninth Circuit · 1980
- Western Shoshone Business Council ex rel. Western Shoshone Tribe of the Duck Valley Reservation v. BabbittCourt of Appeals for the Tenth Circuit · 1993
- SFF-TIR, LLC v. StephensonDistrict Court, N.D. Oklahoma · 2017
- Western Shoshone Business Council v. BabbittCourt of Appeals for the Tenth Circuit · 1993
17 more not listed; retrieve them via the Exa API.