Schmit v. International Finance Management Co., No. 91-3013

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore FAGG, BOWMAN, and WOLLMAN; PER CURIAM
Citation980 F.2d 498
Decision Date20 November 1992
Docket NumberNo. 91-3013
PartiesLoran SCHMIT, Appellant, v. INTERNATIONAL FINANCE MANAGEMENT COMPANY; The Estate of John L.A. Bond; Investment Finance Management Company, Inc., a Florida Corporation, Appellees.

Page 498

980 F.2d 498
Loran SCHMIT, Appellant,
v.
INTERNATIONAL FINANCE MANAGEMENT COMPANY; The Estate of
John L.A. Bond; Investment Finance Management
Company, Inc., a Florida Corporation, Appellees.
No. 91-3013.
United States Court of Appeals,
Eighth Circuit.
Submitted Nov. 12, 1992.
Decided Nov. 20, 1992.

Clarence E. Mock, Oakland, Neb., for appellant.

Patricia Lamberty, Omaha, Neb., and Stanley Munger, Sioux City, Iowa, for appellees.

Before FAGG, BOWMAN, and WOLLMAN, Circuit Judges.

PER CURIAM.

Loran Schmit appeals the district court's order dismissing his 25 U.S.C. § 81 (1988) action for lack of standing. We affirm.

Schmit contends the appellees violated § 81 by contracting with the Winnebago Indian Tribe to operate Winn-A-Bingo bingo halls on tribal land without first obtaining approval from the Secretary of the Interior. The district court dismissed the action for lack of standing because Schmit did not allege injury and was not within the zone of interests protected by § 81.

Standing is a threshold issue, and Schmit must fulfill standing requirements to bring this action. See Warth v. Seldin, 422 U.S. 490, 498-502, 95 S.Ct. 2197, 2204-2207, 45 L.Ed.2d 343 (1975). Title 25 U.S.C. § 81 "was enacted solely for the protection and benefit of Indians." United States ex rel. Shakopee Mdewakanton Sioux Community v. Pan Am. Management Co., 616 F.Supp. 1200, 1208 (D.Minn.1985), appeal dismissed, 789 F.2d 632 (8th Cir.1986). Schmit, a nonIndian, has alleged no injury from the appellees' contract with the Winnebago Indian Tribe and is not within the zone of interests protected by § 81. See id. at 1207-08; Enterprise Management Consultants, Inc. v. United States, 685 F.Supp. 221, 222-23 (W.D.Okla.1988), aff'd, 883 F.2d 890 (10th Cir.1989). Thus, Schmit lacks standing to bring this action against the appellees.

Accordingly, we affirm.

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5 practice notes
  • U.S. ex rel. Hall v. Tribal Development Corp., No. 93-3519
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 9, 1995
    ...1993). As support for this statement, the court cited to a decision from the Eighth Circuit, Schmit v. International Finance Mgmt. Co., 980 F.2d 498 (8th Cir.1992) (per curiam), as well as a recent decision out of the Tenth Circuit, Western Shoshone Business Council v. Babbitt, 1 F.3d 1052 ......
  • Western Shoshone Business Council For and on Behalf of Western Shoshone Tribe of Duck Valley Reservation v. Babbitt, No. 92-4062
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • July 27, 1993
    ...to challenge BIA decisions under Sec. 81 to the non-Indian contracting party. See, e.g., Schmit v. International Finance Management Co., 980 F.2d 498 (8th Cir.1992) (per curiam); Enterprise Management Consultants, Inc. v. United States ex rel. Hodel, 685 F.Supp. 221, 223 (W.D.Okla.1988) ("p......
  • In re US ex rel. Hall, Civ. No. 3-92-792
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • June 11, 1993
    ...seeking to contest a management contract between an Indian tribe and a management company. Schmit v. International Finance Mgmt. Co., 980 F.2d 498 (8th Cir.1992). Because the plaintiff alleged no injury and was not within the zone of interests protected by 25 U.S.C. § 81, the court held he ......
  • U.S. ex rel. Crow Creek Sioux v. Hattum Farms, No. Civ98-3020.
    • United States
    • U.S. District Court — District of South Dakota
    • February 2, 2000
    ...and [the plaintiff] must fulfill standing requirements to bring" an action under 25 U.S.C. § 81. Schmit v. Int'l Fin. Management Co., 980 F.2d 498, 498 (8th Cir. 1992). "Title 25 U.S.C. § 81 `was enacted solely for the protection and benefit of Indians'" and plaintiff must allege an interes......
  • Request a trial to view additional results
5 cases
  • U.S. ex rel. Hall v. Tribal Development Corp., No. 93-3519
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 9, 1995
    ...1993). As support for this statement, the court cited to a decision from the Eighth Circuit, Schmit v. International Finance Mgmt. Co., 980 F.2d 498 (8th Cir.1992) (per curiam), as well as a recent decision out of the Tenth Circuit, Western Shoshone Business Council v. Babbitt, 1 F.3d 1052 ......
  • Western Shoshone Business Council For and on Behalf of Western Shoshone Tribe of Duck Valley Reservation v. Babbitt, No. 92-4062
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • July 27, 1993
    ...to challenge BIA decisions under Sec. 81 to the non-Indian contracting party. See, e.g., Schmit v. International Finance Management Co., 980 F.2d 498 (8th Cir.1992) (per curiam); Enterprise Management Consultants, Inc. v. United States ex rel. Hodel, 685 F.Supp. 221, 223 (W.D.Okla.1988) ("p......
  • In re US ex rel. Hall, Civ. No. 3-92-792
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • June 11, 1993
    ...seeking to contest a management contract between an Indian tribe and a management company. Schmit v. International Finance Mgmt. Co., 980 F.2d 498 (8th Cir.1992). Because the plaintiff alleged no injury and was not within the zone of interests protected by 25 U.S.C. § 81, the court held he ......
  • U.S. ex rel. Crow Creek Sioux v. Hattum Farms, No. Civ98-3020.
    • United States
    • U.S. District Court — District of South Dakota
    • February 2, 2000
    ...and [the plaintiff] must fulfill standing requirements to bring" an action under 25 U.S.C. § 81. Schmit v. Int'l Fin. Management Co., 980 F.2d 498, 498 (8th Cir. 1992). "Title 25 U.S.C. § 81 `was enacted solely for the protection and benefit of Indians'" and plaintiff must allege an interes......
  • Request a trial to view additional results

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