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United States Third Circuit

Thorpe v. Borough of Jim Thorpe, 13-2446

In this action brought under the Native American Graves Protection and Repatriation Act (NAGPRA) by plaintiff to have his father's remains exhumed and turned over to the Sac and Fox tribe in Oklahoma so that they could be reburied on tribal land, the judgment of the district court requiring that defendant-borough disinter the remains and turn them over is reversed, where: 1) applying NAGPRA to the father's burial in the Borough is such a clearly absurd result and so contrary to Congress's intent to protect Native American burial sites that the Borough cannot be held to the requirements imposed on a museum under these circumstances; and 2) the Borough is therefore not a "museum" within the meaning of NAGPRA for the purposes of this burial.

Appellate Information

  • Decided 10/23/2014
  • Published 10/23/2014


  • McKee


  • United States Third Circuit


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