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(DOWNLOAD) "Delaware Nation v. Commonwealth of Pennsylvania" by United States Court of Appeals for the Third Circuit # Book PDF Kindle ePub Free

Delaware Nation v. Commonwealth of Pennsylvania

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eBook details

  • Title: Delaware Nation v. Commonwealth of Pennsylvania
  • Author : United States Court of Appeals for the Third Circuit
  • Release Date : January 04, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

This case arises from the claim of an American Indian nation to a portion of its aboriginal land. For the reasons that follow, we find that any aboriginal rights held by the Delaware Nation to the land known as "Tatamys Place" were extinguished by Thomas Penn via the Walking Purchase of 1737. We also find that the tribe does not hold fee title to Tatamys Place. Thus, the District Court properly dismissed the Delaware Nations claim pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a cause of action. The Delaware Nation v. Commonwealth of Pa., et al., 2004 U.S. Dist. Lexis 24178 (E.D. Pa. 2004). Accordingly, we will affirm the dismissal order of the District Court although we do not base our conclusion on the same reasoning.


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