A federal judge has refused to dismiss a lawsuit that seeks to rebury the remains of legendary athlete Jim Thorpe in Oklahoma.

Thorpe is buried in Pennsylvania. His sons, supported by the Sac and Fox Nation are suing the borough of Jim Thorpe under the Native American Graves Protection and Repatriation Act.

Judge A. Richard Caputo hasn't ruled on the merits. But he has determined that the borough is a "museum" as defined by NAGPRA.

As a result, the borough would have to complete an inventory of its collection and consult with Thorpe's lineal descendants and the tribe, Caputo said in his decision. His sons hope that will result in the return of his remains to their family so he can be buried in Oklahoma.

Turtle Talk has posted documents from the case, Thorpe v. Borough of Thorpe.

Get the Story:
Lawsuit to move remains of athlete Jim Thorpe moves forward (KOTV/CNN 11/29)

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