Southern Pacific Transportation Co. v. Watt
Court of Appeals for the Ninth Circuit
1Opinion of the Court
CANBY, Circuit Judge:
The Walker River Paiute Tribe of Nevada (Tribe) and the Secretary of the Interior (Secretary) appeal from the district court’s grant of summary judgment in favor of Southern Pacific Transportation Company (Southern Pacific). The district court held that tribal consent is not a condition precedent to the filing and processing of an application for a right-of-way across tribal lands under the Act of March 2, 1899, ch. 374, 30 Stat. 990 (codified at, 25 U.S.C. *552§§ 312-318 (1976)) (1899 Act or Act). We disagree and reverse the grant of summary judgment in favor of Southern…
2Cases cited20 opinions
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