Legal Opinion

Burlington Northern Santa Fe Railroad v. Assiniboine & Sioux Tribes of the Fort Peck Reservation

Court of Appeals for the Ninth Circuit

Decided March 17, 2003No. 01-35681PublishedCited by 7 opinions

1Opinion of the Court

Opinion by Judge BERZON; Concurrence by Judge GOULD.

OPINION

BERZON, Circuit Judge.

BACKGROUND

The Burlington Northern Santa Fe Railroad Company (“BN” or “the Company”), a non-Indian corporation, runs a rail line that crosses over 80 miles of the Fort Peck Indian Reservation (“the Reservation”), governed by the Assiniboine and Sioux Tribes (“the Tribes”). The rail line is built on a right-of-way granted by Congress in 1887 to BN’s predecessor-in-interest. Act of Feb. 15, 1887, ch. 130, 24 Stat. 402. BN runs an average of 26 trains per day over the rail line through the Reservation, totaling more…

2Cases cited23 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Commissioner v. SunnenSupreme Court of the United States · 1948
  3. Montana v. United StatesSupreme Court of the United States · 1981
  4. Nevada v. HicksSupreme Court of the United States · 2001
  5. Balint v. Carson CityCourt of Appeals for the Ninth Circuit · 1999

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3Cited by7 opinions

  1. Burlington Northern Santa Fe Railroad Company v. The Assiniboine And Sioux Tribes Of The Fort Peck ReservationCourt of Appeals for the Ninth Circuit · 2003
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  4. Kaiser Foundation Health Plan, Inc., et al. v. National Union Fire Insurance Company of Pittsburgh, PA, et al.District Court, N.D. California · 2026
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