green
Positive treatment
23.4 score
G Cite
cited 2× by 2 distinct cases, last quoted 1987 · 2 courts ·
…we cannot escape the conclusion that section 2401(a) applies to all actions brought under section 345, whether the relief requested is legal or equitable.
at p. 707
⚠ not in text
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 27 distinct citers.
How cited ↗
discussed
Cited "but see"
Pelt v. Utah
But see, e.g., Christensen v. United States, 755 F.2d 705 , 708 (9th Cir.1985) (holding that federal statute of limitations in 28 U.S.C. § 2401 (a), which is jurisdictional, applies to equitable as well as legal claims brought by Native Americans against the United States); Urabazo v. United States, 947 F.2d 955 (10th Cir.1991) (unpublished table opinion) (citing Christensen for same proposition); Sisseton-Wahpeton Sioux Tribe v. United States, 895 F.2d 588, 592 (9th Cir.1990) (same).
discussed
Cited as authority (rule)
Comanche Nation v. Ware
This six-year limitations period applies to claims arising under the APA, see, Wind River Mining Corp. v. United States, 946 F.2d 710, 712-13 (9th Cir.1991), and it also applies to equitable as well as legal claims, see, Christensen v. United States, 755 F.2d 705, 708 (9th Cir. 1985), cert. denied, 476 U.S. 1181 (1986).
discussed
Cited as authority (rule)
Kiowa Tribe v. United States Department of the Interior
This six-year limitations period applies to claims arising under the APA, see, Wind River Mining Corp. v. United States, 946 F.2d 710, 712-13 (9th Cir.1991), and it also applies to equitable as well as legal claims, see, Christensen v. United States, 755 F.2d 705, 708 (9th Cir. 1985), cert. denied, 476 U.S. 1181 (1986).
discussed
Cited as authority (rule)
Comanche Nation, Okl. v. United States
This six-year limitations period applies to claims arising under the APA, see, Wind River Mining Corp. v. United States, 946 F.2d 710, 712-13 (9th Cir.1991), and it also applies to equitable as well as legal claims, see, Christensen v. United States, 755 F.2d 705, 708 (9th Cir.1985), cert. denied, 476 U.S. 1181 , 106 S.Ct. 2914 , 91 L.Ed.2d 543 (1986).
discussed
Cited as authority (rule)
Lord v. Babbitt
(2×)
See Big Spring v. United States Bureau of Indian Affairs, 767 F.2d 614, 616 (9th Cir.1985); Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985), cert. denied, 476 U.S. 1181 , 106 S.Ct. 2914 , 91 L.Ed.2d 543 (1986).
discussed
Cited as authority (rule)
Ammcon, Inc. v. Kemp
Sisseton-Wahpeton Sioux Tribe v. United States, 895 F.2d 588, 592 (9th Cir.) (applying § 2401 to bar equitable claims for relief), cert. denied, 498 U.S. 824 , 111 S.Ct. 75 , 112 L.Ed.2d 48 (1990); Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985) (six-year limitations period of § 2401 applies to legal and equitable causes of action), cert. denied, 476 U.S. 1181 , 106 S.Ct. 2914 , 91 L.Ed.2d 543 (1986).
cited
Cited as authority (rule)
Gustavo Gonzalez-Victor v. United States Immigration and Naturalization Service
Arteaga v. INS, 836 F.2d 1227, 1228 (9th Cir.1988); Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985), cert. denied, 476 U.S. 1181 (1986).
discussed
Cited as authority (rule)
Urabazo v. United States
We agree that plaintiff's claims were untimely. 6 Section 2401(a) provides in pertinent part that "every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues." The limitations period applies to equitable, as well as legal, claims, Christensen v. United States, 755 F.2d 705, 708 (9th Cir.1985), cert. denied, 476 U.S. 1181 (1986), and it applies to Indians in the same manner as other litigants, Sisseton-Wahpeton Sioux Tribe v. United States, 895 F.2d 588, 592 (9th Cir.), cert. denied, 111 S.Ct. 75 …
discussed
Cited as authority (rule)
Sisseton-Wahpeton Sioux Tribe v. United States
(2×)
Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985).
discussed
Cited as authority (rule)
Sisseton-Wahpeton Sioux Tribe v. United States
(2×)
Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985).
discussed
Cited as authority (rule)
Nichols v. Rysavy
Most recently, in Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985), the Ninth Circuit, after examining the Loving and Werner decisions, stated that “we cannot escape the conclusion that section 2401(a) applies to all actions brought under section 345, whether the relief requested is legal or equitable.” 13 We follow the Ninth Circuit in holding that section 2401(a) applies to section 345 actions.
cited
Cited as authority (rule)
United States v. Daniel J. Smith
Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 2914 , 91 L.Ed.2d 543 (1986).
cited
Cited as authority (rule)
United States v. Lynn Dale Bogart, Edward Elbert Wingender, Teodaro Risquez, Defendants
Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985).
examined
Cited as authority (rule)
William Forest Big Spring Sr. v. The United States of America, Bureau of Indian Affairs, Melba Josephine Arnoux Woodhouse v. The United States of America, Bureau of Indian Affairs
(4×)
Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985).
examined
Cited as authority (rule)
Big Spring v. United States
(3×)
Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985).
discussed
Cited "see"
Begay v. Public Service Co. of NM
See Christensen v. United States, 755 F.2d 705, 707-08 (9th Cir.1985) (holding that the six-year statute of limitations barred an action seeking monetary and injunctive relief against United States based on BIA’s failure to provide access to Indian land allotment).
discussed
Cited "see"
United States v. Lowry
See Christensen, 755 F.2d at 707-08 (holding that 25 U.S.C. § 345 gives federal courts jurisdiction over action seeking review of government’s failure to grant appli- cation for Indian allotment, but dismissing action as time- barred).
discussed
Cited "see"
United States v. Lowry
See Christensen, 755 F.2d at 707-08 (holding that 25 U.S.C. § 345 gives federal courts jurisdiction over action seeking review of government’s failure to grant application for Indian allotment, but dismissing action as timebarred).
cited
Cited "see"
Auction Company Amer v. FDIC
See Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985); Saffron v. Dep't of the Navy, 561 F.2d 938, 944-45 (D.C.Cir.1977).
cited
Cited "see"
Auction Co. of America v. Federal Deposit Insurance
See Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985); Saffron v. Dep’t of the Navy, 561 F.2d 938, 944-45 (D.C.Cir.1977).
discussed
Cited "see"
Albert Pinkham, Sr. Cyrus Wilkinson Connie Allen Moore Francis Allen v. Lewiston Orchards Irrigation District, and United States of America
(2×)
also: Cited "see, e.g."
See Christensen, 755 F.2d at 707 (involving suit against United States for failure to provide right-of-way access over federal land to landlocked allotment); United States v. Pierce, 235 F.2d 885, 887 (9th Cir.1956) (involving suit for equalization of allotments, payment of income from withheld allotments, and apportionment of tribal waters); Gerard v. United States, 167 F.2d 951, 951 (9th Cir.1948) (involving suit to establish title held by Indians under trust patents issued to them on land previously allotted); Begay v. Albers, 721 F.2d 1274, 1277-78 (10th Cir.1983) (involving suit to cancel…
discussed
Cited "see"
Calvin Geyen, Jr. v. John O. Marsh, Jr., Secretary of the United States Army
See Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985); Walters, 725 F.2d at 111-14 ; Impro Products, Inc. v. Block, 722 F.2d 845 , 850 n. 8 *1307 (D.C.Cir.1983), cert. denied, — U.S.-, 105 S.Ct. 327 , 83 L.Ed.2d 264 (1984); Werner v. United States, 188 F.2d 266, 268 (9th Cir.1951).
cited
Cited "see"
United States v. Louis John Ippolito, Michael Contino, Irving Schwartz, William Darnold, Lawrence Miller, Thomas Arrants, and Arthur Joseph Natoli
See Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985).
discussed
Cited "see, e.g."
Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Indian Reservation v. United States
See, e.g., Big Spring v. United States, Bureau of Indian Affairs, 767 F.2d 614 (9th *836 Cir.1985) (section 2401(a) applied to claims under provisions of the General Allotment Act ( 25 U.S.C. §§ 331-358 )); Loring v. United States, 610 F.2d 649 (9th Cir.1979) (section 2401(a) applied to claim by members of Indian community that the United States allegedly took right-of-way over their lands without compensation); Nichols v. Rysavy, 809 F.2d 1317 (8th Cir.1987) (section 2401(a) applied to bar claim under 25 U.S.C. § 345 ); see also, Christensen v. United States, 755 F.2d 705 (9th Cir.1985). 3…
cited
Cited "see, e.g."
E. Nedene Wardle v. Northwest Investment Company
Nichols v. Rysavy, 809 F.2d at 1327-28 ; see also Christensen v. United States, 755 F.2d 705 (9th Cir.1985).
discussed
Cited "see, e.g."
Eli Lilly & Co. v. Environmental Protection Agency
Werner v. United States, 188 F.2d 266, 268 (9th Cir. 1951); see also Christensen v. United States, 755 F.2d 705, 707 (9th Cir. 1985) (§ 2401(a) applies to equitable, as well as legal, claims); Walters v. Secretary of Defense, 725 F.2d 107, 113 (D.C.Cir.1983) (legal and equitable claims are to be treated identically under § 2401(a)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Lyle Gerald JOHNS, Et Al., Defendants-Appellees
v.
Lyle Gerald JOHNS, Et Al., Defendants-Appellees
82-1080.
Court of Appeals for the Ninth Circuit.
Mar 11, 1985.
Eugene R. Bracamonte, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellant., Anthony Fines, William Walker, Tucson, Ariz., for defendants-appellees.
Anderson, Canby.
Published
ORDER
Pursuant to the decision and mandate of the Supreme Court of the United States in United States v. Johns, — U.S.-, 105 S.Ct. 881, 83 L.Ed.2d 890 (1985), reversing the decision of this court reported at 707 F.2d 1093 (1983), this case is remanded to the district court for further proceedings consistent with the decision of the Supreme Court.