Altheimer & Gray, a Partnership v. Sioux Manufacturing Corporation

HARLINGTON WOOD, Jr., Senior Circuit Judge.

This case deals with the modern application of a 19th century federal statute designed to protect Indian tribes in land transactions. For reasons explained below, we reverse the district court’s grant of summary judgment and remand the case for further proceedings.

I. BACKGROUND

In 1872, Congress passed what is now known as 25 U.S.C. § 81. The statute requires contracts concerning Indian lands to be approved by the Secretary of the Interi- or. Contracts without the Secretary’s approval are of no effect. According to the Supreme Court, the statute was…