Legal Opinion · Dissent

Catawba Indian Tribe v. South Carolina

Court of Appeals for the Fourth Circuit

Decided October 11, 1983No. 82-1671Published

1DissentK.K. Hall, Circuit Judge

I cannot accept the majority’s conclusion that the district court erred in granting defendants’ motion for summary judgment and in dismissing plaintiff’s action. In my view, the 1959 Catawba Indian Tribe Division of Assets Act, 25 U.S.C. § 931 et seq., unquestionably terminated the Tribe’s legal existence, ended any trust relationship between the Catawbas and the federal government, and made South Carolina law fully applicable to whatever claim plaintiff may have had to the Tribe’s ancestral land. I agree with the district court that plaintiff’s claim, if valid at all, is in any event barred…

2Cases cited8 opinions

  1. Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
  2. Menominee Tribe of Indians v. United StatesSupreme Court of the United States · 1968
  3. Schrimpscher v. StocktonSupreme Court of the United States · 1902
  4. Reyos v. United StatesCourt of Appeals for the Tenth Circuit · 1970
  5. Oitzelle Epps v. Cecil AndrusCourt of Appeals for the First Circuit · 1979

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API