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Business Associations Keyed to Coffee, 9th Ed.
Affiliated Ute Citizens v. United States
Citation:
406 U.S. 128 (1972)Facts
The Ute Partition Act of 1954 divided the assets of the Ute Indian Tribe between full-blood and mixed-blood members, with the goal of terminating federal supervision over the mixed-bloods’ property. While some assets were distributed, oil, gas, and mineral rights were to be managed jointly. The mixed-bloods formed Affiliated Ute Citizens (AUC), which later created Ute Distribution Corporation (UDC) to manage these joint assets. Each mixed-blood received 10 shares of UDC stock, which were deposited with First Security Bank as transfer agent. The bank’s employees, Gale and Haslem, facilitated sales of UDC shares from mixed-bloods to non-Indians, often purchasing shares themselves or for others. They failed to disclose to the mixed-blood sellers that the shares were selling for higher prices in the non-Indian market they had helped create. During 1963-1964, mixed-bloods sold 1,387 shares to non-Indians, with Gale and Haslem purchasing 113 of these shares (8.3% of the total). The District Court found the fair value of UDC stock was $1,500 per share, significantly higher than the $300-$700 per share that mixed-bloods received.
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