Legal Opinion
Delaware Nation v. Pennsylvania
Court of Appeals for the Third Circuit
Decided May 4, 2006No. 04-4593PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
ROTH, Circuit. Judge.
This case arises from the claim of an American Indian nation to a portion of its aboriginal land. For the reasons that follow, we find that any aboriginal rights held by the Delaware Nation to the land known as “Tatamy’s Place” were extinguished by Thomas Penn via the Walking Purchase of 1737. We also find that the tribe does not hold fee title to Tatamy’s Place. Thus, the District Court properly dismissed the Delaware Nation’s claim pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a cause of action. The Delaware Nation v.…
2Cases cited18 opinions
- Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
- Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997
- Harold Pinker, Individually and on Behalf of All Others Similarly Situated v. Roche Holdings Ltd. Harold PinkerCourt of Appeals for the Third Circuit · 2002
- Countyof Oneida v. Oneida Indian Nation of NYSupreme Court of the United States · 1985
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
13 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Keith A. Hill v. Borough of Kutztown and Gennaro Marino, Mayor of Kutztown, in His Individual and Official CapacityCourt of Appeals for the Third Circuit · 2006
- Winer Family Trust v. QueenCourt of Appeals for the Third Circuit · 2007
- Erdman v. Nationwide InsuranceCourt of Appeals for the Third Circuit · 2009
- Albert Flora, Jr. v. County of LuzerneCourt of Appeals for the Third Circuit · 2015
- Inell Foye v. Wexford Health Sources IncCourt of Appeals for the Third Circuit · 2017
50 more not listed; retrieve them via the Exa API.