Gila River Indian Community v. Henningson, Durham & Richardson, a Nebraska Corporation, and Ranier Construction Company, Inc., an Arizona Corporation

HUG, Circuit Judge:

This is an action brought by the Gila River Indian Community against an architectural firm and a building contractor for damages for the negligent design and construction of a Youth Center on the Gila River Indian Reservation. The district court dismissed for lack of jurisdiction. Appellant contends that jurisdiction exists under 28 U.S.C. §§ 1331 and 1362. 1 The major issue on this appeal is the extent of the jurisdiction afforded by section 1362.

In 1966, Congress enacted 28 U.S.C. § 1362 which provides for district court jurisdiction over suits brought by Indian tribes or…