Oliver

Oliver v. Sealaska Corp.

Good Law
192 F.3d 1220·1999 WL 683897
United States Court of Appeals for the Ninth CircuitSeptember 3, 1999No. 97-36091California2,385 words

Opinion

Lead Opinion

Trott, J.

Plaintiff Glenn Oliver appeals the district court’s dismissal of Oliver’s action to enforce revenue-sharing requirements of the Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601 -1629Í (Supp. Ill 1997) (“ANCSA” or “the Act”). Oliver sued the twelve Regional Corporations in the Superior Court of Alaska under Alaska Statutes § 10.06.015 (Michie 1989) on behalf of himself and a putative class of shareholders, seeking declaratory judgment, an accounting, and a resulting trust. The action was removed to the district court for the District of Alaska, and the first-served defendant corporation, later joined by nine other defendants, moved to dismiss under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed without prejudice, holding that ANCSA § 7(i) & (j), 43 U.S.C. § 1606® & § 10.06.015. We have jurisdiction under 28 U.S.C. § 1291 (1994), and we affirm.

I

Enacted in 1971, ANCSA granted Alaskan Natives approximately 44 million acres of land and $1 billion in exchange for the extinguishment of aboriginal title to land in Alaska. The Act created twelve…

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