Duncan

Duncan v. Andrus

Good Law
517 F. Supp. 1·1977 U.S. Dist. LEXIS 16776
United States District Court, Northern District of CaliforniaMarch 22, 1977C-71-1572-WWS, C-71-1713-WWSCalifornia3,180 words

Opinion

Opinion

Schwarzer, J.

INTRODUCTION

Plaintiffs, who are current and former Indian residents of the Robinson Ranchería in Lake County, California,' have brought these actions against the Secretary of the Interior, other named federal officers, and the Lake County Tax Collector. Plaintiffs allege in their complaints that the Robinson Ranchería was unlawfully and prematurely terminated under the Act of August 18, 1958, P.L. 85-671, 72 Stat. 619 , as amended, thereby depriving them of federal Indian benefits and subjecting them to state and local taxation. They have sought declaratory and equitable relief rescinding the termination in this Court and monetary relief in the U.S. Court of Claims.

The jurisdiction of this Court is asserted under 28 U.S.C. § 1331 ; the action arises under the laws of the United States, specifically the California Ranchería Act, 72 Stat. 619 , as amended 78 Stat. 390 . The parties have stipulated that the amount in controversy, exclusive of costs and interests, exceeds the sum of $10,000 as to each named plaintiff. (Doc. # 64, p. 23.) The Court has independently examined this stipulation and has concluded that its estimate of the amount in controversy is reasonable and made in…

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