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John Thorpe, Richard Thorpe, William Thorpe, and the Sac v. Borough of Jim Thorpe

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 19, 2013

JOHN THORPE, RICHARD THORPE, WILLIAM THORPE, AND THE SAC AND FOX NATION OF OKLAHOMA, PLAINTIFFS,
v.
BOROUGH OF JIM THORPE, MICHAEL SOFRANKO, RONALD CONFER, JOHN MCGUIRE, JOSEPH MARZEN, W. TODD MASON, JEREMY MELBER, JUSTIN YAICH, JOSEPH KREBS, GREG STRUBINGER, KYLE SHECKLER, AND JOANA KLITSCH, DEFENDANTS.

The opinion of the court was delivered by: A. Richard Caputo United States District Judge

JUDGE CAPUTO

ORDER

NOW, this 19th day of April, 2013, IT IS HEREBY ORDERED that:

(1) The Borough of Jim Thorpe's Motion for Summary Judgment Under the Probate Exception to Jurisdiction and the Doctrine of Laches (Doc. 93) is DENIED.

(2) The Borough of Jim Thorpe's Cross-Motion for Summary Judgment (Doc. 99) is DENIED.

(3) Plaintiffs Richard Thorpe, William Thorpe, and the Sac and Fox Nation of Oklahoma's Motion for Summary Judgment (Doc. 95) seeking a declaration as to the applicability of the Native American Graves Protection and Repatriation Act is GRANTED. The Borough of Jim Thorpe is a "museum" under the Native American Graves Protection and Repatriation Act and subject to the requirements of the Act, including those provisions governing repatriation requests. See 25 U.S.C. §§ 3001-3013.

A. Richard Caputo

20130419

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