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MARTINEZ v. SOUTHERN UTE TRIBE

Civ. A. No. 5104.

151 F.Supp. 476 (1957)

Mary MARTINEZ, Plaintiff, v. The SOUTHERN UTE TRIBE OF THE SOUTHERN UTE RESERVATION, a corporation, Samuel Burch, Julius Cloud, Virgil Red, Bonny Kent, John Baker and Sunshine C. Smith, as the Members of the Council of the Southern Ute Tribe of the Southern Ute Reservation, and James Canan, as Superintendent of the Consolidated Ute Agency, Defendants.

United States District Court D. Colorado.

March 29, 1957.

Attorney(s) appearing for the Case

Lewis M. Perkins and Howell W. Cobb, Durango, Colo., and Bentley M. McMullin, Aurora, Colo., for plaintiff.

McKelvey & McKelvey, Durango, Colo., for the Southern Ute Tribe of the Southern Ute Reservation, a corporation, Samuel Burch, Julius Cloud, Virgil Red, Bonny Kent, Carl Baker, and Sunshine C. Smith as the Members of the Council of the Southern Ute Tribe of the Southern Ute Reservation.

Donald E. Kelley, U. S. Atty. for the Dist. of Colorado, Denver, Colo., for defendant James Canan.

KNOUS, Chief Judge.

This matter stands upon the motion of the defendant Tribe and its council members to dismiss the Second Amended Complaint of plaintiff on the ground that this Court is without jurisdiction of the action as set forth in the complaint.

It is alleged in the complaint, as amended, that the plaintiff is the daughter of one John Green, who at the time of plaintiff's birth was a member of the defendant tribe, and further that the plaintiff, who...

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