Legal Opinion

Hickey v. Crow Creek Housing Authority

District Court, D. South Dakota

Decided July 8, 1974No. CIV73-3002PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM DECISION

NICHOL, Chief Judge.

This case is presently before the Court on defendant’s motion to dismiss for lack of jurisdiction. Plaintiff has asserted federal jurisdiction under 25 U.S.C. Sec. 1302; 28 U.S.C. Sec. 1362; and 28 U.S.C. Sec. 1331. For the following reasons, this Court determines that jurisdiction in federal court is lacking and the case is hereby dismissed.

Accepting the facts as alleged in the complaint, on September 24, 1971, plaintiff entered into a contract with the defendant for the drilling of three artesian wells for the defendant. After encountering some…

2Cases cited5 opinions

  1. Charles O'Neal and Leo O'Neal v. Cheyenne River Sioux TribeCourt of Appeals for the Eighth Circuit · 1973
  2. Dodge v. NakaiDistrict Court, D. Arizona · 1968
  3. Slattery v. Arapahoe Tribal CouncilCourt of Appeals for the Tenth Circuit · 1971
  4. United States Ex Rel. Hutto Concrete Co. v. Magna Building Corp.District Court, S.D. Georgia · 1969
  5. United States ex rel. Nobles Insulation Co. v. Magna Building Corp.District Court, S.D. Georgia · 1969

3Cited by13 opinions

  1. Dry Creek Lodge, Inc., a Wyoming Corporation v. The United States of AmericaCourt of Appeals for the Tenth Circuit · 1975
  2. Namekagon Development Co. v. Bois Forte Reservation Housing AuthorityDistrict Court, D. Minnesota · 1974
  3. Duluth Lumber & Plywood Co. v. Delta Development, Inc.Supreme Court of Minnesota · 1979
  4. R. C. Hedreen Co. v. Crow Tribal Housing AuthorityDistrict Court, D. Montana · 1981
  5. Berry v. Arapahoe and Shoshone TribesDistrict Court, D. Wyoming · 1976

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