Enos v. United States

MEMORANDUM OPINION

BRIMMER, Chief Judge.

This matter comes before the Court on the motion of the federal defendants to dismiss the action for want of subject matter jurisdiction. For the reasons outlined below, the motion to dismiss is denied and the case is transferred to the United States Claims Court.

Plaintiff Frank Enos is 79 years old; his sister, plaintiff Eva Kniffen is 82. They are enrolled members of the Shoshone Indian Tribe and have been life-long residents of the Wind River Indian Reservation. They own the surface and mineral rights on two allotments on the reservation. They contend…