Legal Opinion
United States v. Plainbull
District Court, D. Montana
Decided November 27, 1990No. CV 89-193-BLG-JFBPublished
1Opinion of the Court
ORDER
BATTIN, Senior District Judge.
Presently pending before the Court is defendants’ Motion to Dismiss, pursuant to Rule 12, Fed.R.Civ.P., based on lack of subject matter jurisdiction and failure to state a claim. Alternatively, defendants ask the Court to stay these proceedings pending a jurisdictional determination by the Tribal Court. For the reasons stated below, defendants’ motion is granted.
FACTS AND PROCEDURAL BACKGROUND
This action was filed by the United States of America, on behalf of the Crow Tribe of Indians, pursuant to 28 U.S.C. §§ 1331 and 1345. Plaintiff alleges that…
2Cases cited4 opinions
- Iowa Mutual Insurance v. LaPlanteSupreme Court of the United States · 1987
- R. B. Fraser R. B. Fraser, Inc., a Corporation R. B. Fraser, Jr. Fraser Livestock Company, a Corporation and Charles Fraser v. United StatesCourt of Appeals for the Ninth Circuit · 1958
- United States of America Ex Rel. Eleanor Chase v. Ronald Wald and Hayden ThompsonCourt of Appeals for the Eighth Circuit · 1977
- Granite Construction Co. v. Allis-Chalmers Corp.District Court, D. Nevada · 1986