Inecon Agricorporation, a California Corporation v. Tribal Farms, Inc., an Arizona Corporation, and Fort Mojave Indian Tribe, Etc.

Good Law
656 F.2d 498·32 Fed. R. Serv. 2d 507·1981 U.S. App. LEXIS 17796
United States Court of Appeals for the Ninth CircuitSeptember 14, 198179-3617California1,271 words

Opinion

Opinion

Goodwin, J.

Tribal Farms, Inc. appeals from a judgment of the district court enforcing a $169,-982.87 contractual arbitration award in favor of Inecon Agricorporation. Tribal Farms contends that (1) the district court lacked subject matter jurisdiction because complete diversity of citizenship did not exist between the parties, and (2) the underlying contracts between Inecon and Tribal Farms were void ab initio because they were not approved by the Secretary of the Interior and Commissioner of Indian Affairs as required by 25 U.S.C. §§ 81 and 84. We affirm.

On August 13, 1975, Inecon Agricorporation and the Fort Mojave Indian Tribe executed agricultural land development and management contracts. The contracts received the “Conditional Approval” of the Assistant Area Director of the Bureau of Indian Affairs on November 8, 1975. The parties subsequently complied with all conditions. In 1975, the Tribe created Tribal Farms, Inc., an Arizona corporation, in order to secure private investment capital from lenders who would not provide financing unless the borrower was subject to federal and state court jurisdiction. In March 1976, the Tribe assigned all its rights and duties under the development…

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