Legal Opinion
Picuris Pueblo v. Oglebay Norton Co.
District Court, D. New Mexico
Decided March 31, 2005No. CIV 04-0475 RB/DJSPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BRACK, District Judge.
THIS MATTER is before the Court on Defendant Franklin Industries, Inc.’s (Franklin’s) Motion to Dismiss (Doc. 9), filed on June 10, 2004. On April 30, 2004, Franklin removed this matter pursuant to 28 U.S.C. § 1441(b). Jurisdiction is founded upon 28 U.S.C. § 1331. On March 11, 2005, I heard oral argument on this motion. Having considered the arguments and having reviewed the submissions of the parties and the relevant law, I find that the motion to dismiss should be denied.
I. Background.
Picurís, a federally recognized Indian tribe, filed a…
2Cases cited7 opinions
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- Rishell v. Jane Phillips Episcopal Memorial Medical CenterCourt of Appeals for the Tenth Circuit · 1996
- Navajo Tribe of Indians v. State of New MexicoCourt of Appeals for the Tenth Circuit · 1987
- Citizen Band Potawatomi Indian Tribe Of Oklahoma v. L.W. Collier, Jr.Court of Appeals for the Tenth Circuit · 1994
- Puyallup Indian Tribe v. Port of TacomaCourt of Appeals for the Ninth Circuit · 1983
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3Cited by1 opinion
- In Re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, & Products Liability LitigationDistrict Court, C.D. California · 2011