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Alvino Lucero, President of the Isleta Pueblo Tribal Council Juan B. Abeita, Vice-President of the Isleta Pueblo Tribal Council Josephine Fisher, Councilwoman on the Isleta Pueblo Tribal Council v. Manual Lujan, Secretary of the Department of the Interior and the Bureau of Indian Affairs

Citations: 959 F.2d 245; 1992 U.S. App. LEXIS 15721; 1992 WL 61886Docket: 91-2105

Court: Court of Appeals for the Tenth Circuit; March 25, 1992; Federal Appellate Court

Narrative Opinion Summary

Alvino Lucero, Juan B. Abeita, and Josephine Fisher, members of the Isleta Pueblo Tribal Council, appealed a district court order dismissing their lawsuit due to the non-joinder of an indispensable party, specifically the Pueblo of Isleta. The Tenth Circuit Court of Appeals reviewed the case without oral argument and affirmed the district court's decision, citing that the dismissal was appropriate due to the failure to join the necessary party. The ruling is noted to have no precedential value within the Tenth Circuit except for specific legal doctrines such as the law of the case, res judicata, or collateral estoppel. The court's decision was made under 28 U.S.C. § 1291, and the appeal was handled by Circuit Judges Stephen H. Anderson and Carolyn B. Tacha, along with District Court Judge H. Dale Cook, sitting by designation.

Legal Issues Addressed

Affirmation of Lower Court Decision

Application: The Tenth Circuit Court of Appeals affirmed the district court's dismissal, agreeing with the lower court's decision regarding the non-joinder of an indispensable party.

Reasoning: The Tenth Circuit Court of Appeals reviewed the case without oral argument and affirmed the district court's decision, citing that the dismissal was appropriate due to the failure to join the necessary party.

Dismissal for Non-Joinder of an Indispensable Party

Application: The court dismissed the lawsuit due to the failure to join the Pueblo of Isleta, which was deemed an indispensable party in the case.

Reasoning: Alvino Lucero, Juan B. Abeita, and Josephine Fisher, members of the Isleta Pueblo Tribal Council, appealed a district court order dismissing their lawsuit due to the non-joinder of an indispensable party, specifically the Pueblo of Isleta.

Jurisdiction Under 28 U.S.C. § 1291

Application: The appellate jurisdiction for this case was established under 28 U.S.C. § 1291, which governs final decisions of district courts.

Reasoning: The court's decision was made under 28 U.S.C. § 1291, and the appeal was handled by Circuit Judges Stephen H. Anderson and Carolyn B. Tacha, along with District Court Judge H. Dale Cook, sitting by designation.

Precedential Value of the Decision

Application: The court's decision explicitly states that it holds no precedential value within the Tenth Circuit, except for specific legal doctrines.

Reasoning: The ruling is noted to have no precedential value within the Tenth Circuit except for specific legal doctrines such as the law of the case, res judicata, or collateral estoppel.