Wilson v. Omaha Tribe
1979 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Wilson v. Omaha Tribe, 442 U.S. 653 (1979), was a case in which the Supreme Court of the United States held that in a land dispute, 25 U.S.C. § 194[1] applied only to individuals and not a state, that federal law governed the tribe's right to possession, but that state law was to be used in determining how that applied to the natural movement of a river's boundaries.[2]
Quick Facts Wilson v. Omaha Tribe, Argued March 21, 1979 Decided June 20, 1979 ...
Wilson v. Omaha Tribe | |
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Argued March 21, 1979 Decided June 20, 1979 | |
Full case name | Wilson, et al. v. Omaha Indian Tribe, et al. |
Citations | 442 U.S. 653 (more) 99 S. Ct. 2529; 61 L. Ed. 2d 153; 1979 U.S. LEXIS 5 |
Case history | |
Prior | United States v. Wilson, 433 F. Supp. 67 (N.D. Iowa 1977); Omaha Indian Tribe v. Wilson, 575 F.2d 620 (8th Cir. 1978); cert. granted, 439 U.S. 963 (1978). |
Subsequent | United States v. Wilson, 926 F.2d 725 (8th Cir. 1991); 933 F.2d 1462 (8th Cir. 1991); cert. denied, 502 U.S. 942 (1991); Rupp v. Omaha Indian Tribe, 45 F.3d 1241 (8th Cir. 1995). |
Holding | |
Vacated and remanded, held that in a land dispute, 25 U.S.C. § 194 applied only to individuals and not a state, that federal law governed the tribe's right to possession, but that state law was to be used in determining how that applied to the natural movement of a river's boundaries. | |
Court membership | |
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Case opinions | |
Majority | White, joined by Burger, Brennan, Stewart, Marshall, Blackmun, Rehnquist, Stevens |
Concurrence | Blackmun, joined by Burger |
Powell took no part in the consideration or decision of the case. | |
Laws applied | |
25 U.S.C. § 194 |
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