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ONEIDA INDIAN NATION v. COUNTY OF ONEIDA

No. 72-851.

414 U.S. 661 (1974)

94 S.Ct. 772

39 L.Ed.2d 73

v. COUNTY OF ONEIDA, NEW YORK, ET AL.

Supreme Court of United States.

Decided January 21, 1974.

Attorney(s) appearing for the Case

George C. Shattuck argued the cause and filed a brief for petitioners.

William L. Burke argued the cause for respondents and filed a brief for respondent County of Madison. Raymond M. Durr filed a brief for respondent County of Oneida.

Jeremiah Jochnowitz, Assistant Attorney General, argued the cause for the State of New York as amicus curiae urging affirmance. With him on the brief were Louis J. Lefkowitz, Attorney General, and Ruth Kessler Toch, Solicitor General.*

MR. JUSTICE WHITE delivered the opinion of the Court.

Both § 1331 and § 1362 of Title 28 of the United States Code confer jurisdiction on the district courts to hear cases "aris[ing] under the Constitution, laws, or treaties of the United States."1 Section 1331 requires that the amount in controversy exceed $10,000. Under § 1362, Indian tribes may bring such suits without regard to the amount in controversy. The question...

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