Legal Opinion

Thomas Charles Bear v. United States

United States Court of Federal Claims

Decided September 17, 2013No. 13-51XPublishedCited by 1 opinion

1Opinion of the Court

Congressional Reference Case; Rule 12(b)(1) Motion to Dismiss; Effect of Other Pending Cases; Legal v. Equitable Claims; Indian Canons of Construction.

OPINION AND ORDER ON DEFENDANT’S MOTION TO DISMISS

WHEELER, Hearing Officer. 1

On May 10, 2013, in this Congressional Reference ease, Defendant filed a motion to dismiss Claimants’ complaint for lack of subject matter jurisdiction under Rule 12(b)(1) of the Court. According to Defendant, when the House of Representatives referred this matter to the Court on December 19, 2012, it asked the Court to review “Indian trust-related legal or equitable…

2Cases cited20 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
  4. Donald A. Henke v. United StatesCourt of Appeals for the Federal Circuit · 1995
  5. Countyof Oneida v. Oneida Indian Nation of NYSupreme Court of the United States · 1985

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3Cited by1 opinion

  1. Quapaw Tribe of Oklahoma v. United StatesUnited States Court of Federal Claims · 2019

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