Opening Eighth Circuit Brief in Two Shields v. Wilkinson


opening brief of plaintiffs-appellants

addendum to brief of plaintiffs-appellants

The MSU ILPC filed an amicus brief in this matter as well:

Two Shields ILPC Amicus Final

Lower court order here:

108 Order Granting Motion to Dismiss

Here are the opening lines of the appellants’ brief:

Appellees engineered and executed a scheme to swindle hundreds of millions of dollars in oil-and-gas lease revenue from Appellants Ramona Two Shields and Mary Louise Defender Wilson and the class of Native Americans they propose to represent. Yet the District Court concluded that Appellants could not, as a matter of law, pursue their North Dakota common-law claims against Appellees simply because Appellees involved the United States in their swindle. Based on that fact alone, the District Court found that Federal Rule of Civil Procedure 19 required dismissal of Appellants’ entire case.

There is a parallel suit against the United States in the CFC.


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