Mary Martinez v. Fred A. Seaton, as Secretary of the Interior of the United States, and the Southern Ute Tribe
Court of Appeals for the Tenth Circuit
1Opinion of the Court
LEWIS, Circuit Judge.
These two cases, consolidated upon appeal because of a common and dispositive question of law, represent a continuation of the plaintiff’s efforts to have a judicial declaration or determination of her claimed status as a member of the Southern Ute Tribe so that she may participate in the tribal benefits or recover damages for her wrongful rejection from the Tribe. In two prior cases we have considered the jurisdictional aspects of her contentions and have twice held that her grievance is not recognizable in the federal court as involving a federal question. Martinez v.…
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