Legal Opinion

Cermak v. United States Ex Rel. Department of Interior

Court of Appeals for the Eighth Circuit

Decided February 28, 2007No. 06-1686PublishedCited by 2 opinions

1Opinion of the Court

LOKEN, Chief Judge.

In 1944, the Bureau of Indian Affairs (BIA) issued Indian Land Certificates 64 and 65, assigning the right to possess fifty acres of Indian trust land in Scott County, Minnesota, to “John Cermak and his heirs ... for the exclusive use and benefit of [Cermak] so long as [Cermak] or his ... heirs occupy and use said land.” In this action, John Cermak’s son Stanley and grandson Raymond seek to enforce rights as heirs under the Certificates. The BIA denied this claim, and the Interior Board of Indian Appeals (IBIA) affirmed. The district court 1 upheld the final agency action…

2Cases cited5 opinions

  1. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  2. Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
  3. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
  4. Stanley F. Cermak, Sr. And Raymond Cermak, Sr. v. Bruce Babbitt, Secretary of InteriorCourt of Appeals for the Federal Circuit · 2000
  5. Cermak v. NortonDistrict Court, D. Minnesota · 2004

3Cited by2 opinions

  1. Estate of Sauser v. United StatesDistrict Court, D. South Dakota · 2016
  2. Cermak v. United StatesCourt of Appeals for the Eighth Circuit · 2007

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