United States of America, Ex Rel. Jackie Yellowtail v. Little Horn State Bank, a Montana Corporation

15 F.3d 1095 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, ex rel. Jackie YELLOWTAIL, Plaintiff-Appellant, v. LITTLE HORN STATE BANK, a Montana corporation, Defendant-Appellee. No. 92-35426. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1993. Decided Jan. 11, 1994. 1 Before: TANG, FARRIS, and RYMER, Circuit Judges 2 MEMORANDUM * 3 Jackie Yellowtail appeals the district court's order dismissing her action for lack of standing under Article III of the United States Constitution. Yellowtail argues the district court erred because, as qui tam relator, she had standing as an assignee in interest of the United States. We have jurisdiction of the timely appeal pursuant to 28 U.S.C. Sec. 1291 . We do not decide the question of standing. In addition, we leave the question of whether 25 U.S.C. Sec. 81 's qui tam provision is constitutional under the analysis we set forth in United States ex rel. Kelly v. The Boeing Co., 9…