the Pennsylvania government. Delaware Nation v. Pennsylvania District Court (2004) In 2004, the Delaware Nation filed suit against Pennsylvania in the United States District Court for the Eastern District of Pennsylvania, seeking included in the 1737 Walking Purchase and patented in 1741, which was known as Tatamy's Place. The court granted the Commonwealth's motion to dismiss. According to the District Court: The District Court recounted the Delaware Nation's allegations: The Delaware conceded that Thomas Penn had "sovereign authority," but challenged the transaction on the ground that it was fraudulent. The court held that the justness of the extinguishment of aboriginal title is nonjusticiable, including in the case of fraud. Because the extinguishment occurred prior to the passage of the first Indian Nonintercourse Act in 1790, that Act did not avail the Delaware. Circuit Court (2006) The United States Court of Appeals for the Third Circuit affirmed the decision of the District Court. The Third Circuit upheld that aboriginal title may validly be extinguished by fraud, and further held that the tribe had waived the issue of whether Penn was actually a sovereign purchaser. Moreover, the Circuit held that any grants to the tribe subsequent to the extinguishment could not re-establish aboriginal title. Therefore, the Circuit did not consider the merits of the tribe's argument that: Specifically, the Circuit found it insufficient that the complaint had alleged that Penn was "accountable directly to the King of England." The U.S. Supreme Court declined to hear the case on appeal. See also Phelps and Gorham Purchase References External links The Walking Purchase at the Lenape Tribe official site The Walking Purchase from the Pennsylvania Historical and Museum Commission Photos and transcript of the original document on the Pennsylvania State Archives website Lenape Native American history of Pennsylvania Political scandals in the United States Political scandals in Pennsylvania Former regions and territories of the United States Pre-statehood history of Pennsylvania 1737 in Pennsylvania Aboriginal title in the United States 1737 in law Unratified treaties Treaties of indigenous peoples of North America 1737 treaties