· 6/21/1983
Cecile Industries, Inc. v. United States
Citations
- 2 Cl. Ct. 690
- 31 Cont. Cas. Fed. 71,267
- 1983 U.S. Claims LEXIS 1703
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[wjhen the dispute involves non-Indian activity occurring outside the reservation, [] the policies behind the tribal exhaustion rule are not so obviously served”
- explaining that district court’s decision on the applicability of the tribal exhaustion doctrine is reviewed de novo, and the subsequent decision to stay or dismiss proceedings on abstention grounds is reviewed for abuse of discretion
- characterizing the tribal exhaustion rule as \an inflexible bar to consideration of the merits of the petition by the federal court” when the dispute involves a \reservation affair”
- evaluating district court's application of tribal exhaustion rule in the context of a declaratory judgment action
- application of the tribal exhaustion rule “does not depend upon the existence of a pending action in the tribal forum”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiese
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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