Legal Opinion
Mashpee Tribe v. Town of Mashpee
District Court, D. Massachusetts
Decided March 24, 1978No. Civ. A. 76-3190-SPublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM AND ORDER FOR JUDGMENT
SKINNER, District Judge.
This action was brought by the Mashpee Tribe of Indians to recover possession of tribal lands allegedly alienated from the tribe in violation of the Indian Nonintercourse Act (25 U.S.C. § 177). The defendants’ answer put in issue whether the plaintiff group was in fact an Indian tribe for purposes of the Act at the time suit was brought and at other times deemed by the parties to be critical. The threshold issue of tribal existence was severed for separate trial by order of the court.
After forty days of trial, the issue of tribal…
2Cases cited4 opinions
- Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
- Narragansett Tribe of Indians v. Southern Rhode Island Land Development Corp.District Court, D. Rhode Island · 1976
- CoombsMassachusetts Supreme Judicial Court · 1879
3Cited by16 opinions
- Mashpee Tribe v. New Seabury Corp., Mashpee Tribe v. New Seabury Corp., Mashpee Tribe v. New Seabury Corp., Matthew B. Connolly, Etc.Court of Appeals for the First Circuit · 1979
- Mohegan Tribe v. State of ConnecticutCourt of Appeals for the Second Circuit · 1981
- Oneida Indian Nation of NY v. State of NYDistrict Court, N.D. New York · 1981
- Bingham v. MassachusettsCourt of Appeals for the First Circuit · 2010
- Mashpee Tribe v. James G. WattCourt of Appeals for the First Circuit · 1983
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