The Delaware Nation of Oklahoma plans to appeal a federal judge's dismissal of its land claim lawsuit in Pennsylvania, an attorney said.

The tribe claimed 315 acres that were deeded to a Delaware ancestor in 1733. But the tribe says it was cheated out of the land in an unfair deal in 1737.

In a decision entered on Wednesday, U.S. District Judge James McGirr Kelly in Philadelphia said the deal was probably "vile." But he said it was legal because colonial officials at the time were granted wide latitude to extinguish Indian title.

The tribe plans to appeal to the 3rd Circuit Court of Appeals. The tribe was using the land claim as latitude to establish gaming rights in the state.

Get the Story:
Federal court rejects tribe's claim to land (The Morning Call 12/3)
Judge invokes colonial rules (The Philadelphia Express-Times 12/3)
US. judge rules against tribe in land dispute dating to 1737 (AP 12/3)

Get the Decision:
Delaware Nation v. Pennsylvania (December 1, 2004)

Related Stories:
Oklahoma tribes lead pack in out-of-state land claims (08/16)
Delaware Tribe wants out-of-state land for casino (10/19)
Delaware Tribe seeks land in Kansas for gaming (04/23)
Delaware tribal ties to Penn. uncontested (05/20)
Delaware ancestor was granted 315 acres in Penn. (5/16)