Chema v. Fodder, 1976-03-10

Item — Box: 38, Folder: 14

Identifier: CAC_CC_109_5_38_14_0009

Staff Only

Chema v. Fodder

The plaintiffs are five of the co-tenants of a Comanche Indian allotment. The title to the allotment is held in trust by the United States. The plaintiffs brought an action in the District Court of Cotton County, Oklahoma, against the remaining surface cotenant, the agricultural tenant and the United States to partition the allotment, for an accounting between the co-tenants, and for the extinguishment of a mortgage against the interest owned by defendant cotenants. After removing the action from state court, the United States moved to dismiss upon the ground that the United States is an indispensable party to the action and has not consented to be sued therein, and upon the further ground that the plaintiffs have not exhausted their administrative remedy. The District Court, Daugherty, J., held that the United States had an interest in the land allotted to the deceased Indian, was an indispensable party to the action, and had not consented to be sued, so that

Dates

1976-03-10

Language of Materials

English

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