U.S. Court of Appeals for the D.C. Circuit, 1958

United States Ex Rel. The Nez Perce Tribe of Indians and William N. Stevens v. Fred A. Seaton, Secretary of the Interior

United States Ex Rel. The Nez Perce Tribe of Indians and William N. Stevens v. Fred A. Seaton, Secretary of the Interior
U.S. Court of Appeals for the D.C. Circuit · Decided September 5, 1958 · Edgerton, Bazelon, Fahy
257 F.2d 206 (Federal Reporter, Second Series)

United States Ex Rel. The Nez Perce Tribe of Indians and William N. Stevens v. Fred A. Seaton, Secretary of the Interior

Opinion

*207 PER CURIAM.

Appellants seek to enjoin the Secretary of the Interior from conveying certain lands which the appellants claim are held by the United States in trust for them. The United States claims full ownership. The question is highly debatable. Because we think it cannot be decided in a suit in which the United States is not a party, we do not reach it. The United States is not being sued and has not consented to be sued. We think the District Court was therefore right in entering summary judgment for the Secretary. Larson v. Domestic and Foreign Commerce Corp., 337 U.S. 682, 69 S.Ct. 1457, 93 L.Ed. 1628; cf. Land v. Dollar, 330 U.S. 731, 737-738, 67 S.Ct. 1009, 91 L.Ed. 1209. If the Secretary were violating a plain legal duty in regard to the lands, the case might be different.

Affirmed.

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