The body of Native American Olympic gold medalist Jim Thorpe will stay put in his namesake town, the United States Third Circuit Court of Appeals in Philadelphia ruled today.

The court ruled that although the 1954 arrangement to have Thorpe's body buried in the borough, far from his Oklahoma birthplace, was unusual, it should not be exhumed for reburial just because he was a Native American.The ruling, the latest in a convoluted legal case between the Sac and Fox Nation and some of Thorpe's family, and the borough and two of Thorpe's grandsons, overturns a 2013 U.S. District Court ruling that ordered the return of Thorpe's body to Oklahoma.Some of Thorpe's family, including sons Richard and William Thorpe, wanted the body returned to Oklahoma.The borough and two of Thorpe's grandsons, John Thorpe and Michael Koehler, wanted it where it has been since 1954, buried in the borough.The body first was laid to rest in Evergreen Cemetery, then in 1957 moved to a memorial along Route 903.Thorpe's family members have visited the site and performed ceremonies there.The familyThorpe's son John in 2010 sued under the 1990 federal Native American Graves Protection and Repatriation Act to have his remains returned to be buried on Sac and Fox burial grounds in Oklahoma.John Thorpe died in 2012, and his brothers Richard and William stepped in to keep the court battle going.The NAGPRA requires museums and federal agencies with Native American human remains to inventory them and notify the affected tribe. They must return the remains if asked by a known lineal descendant of the deceased person or by the tribe.The law was enacted in response to the looting and plundering of Native American burial grounds and the theft of cultural artifacts.But, the court ruled, the borough is not a museum under NAGPRA."The borough is a local government entity that maintains Jim Thorpe's burial site," the 30-page ruling states.Thorpe's "burial in the borough is no different from any other burial, except that he is a legendary figure of Native American descent. If we were to find that NAGPRA applies to Thorpe's burial, we would also have to conclude that it applies to any grave located in 'any institution or state or local government agency ... that receives federal funds and has possession of, or control over, Native American cultural items," the ruling states."This could call into question any 'institution' or 'State or local government agency' that controls a cemetery or grave site where Native Americans are buried, and would give rights to any lineal descendant or tribe that has a claim to a person buried in such a cemetery," the ruling states.The townThe borough had argued that it has built a memorial and tends to Thorpe's grave, which is not a museum exhibition."The Third Circuit analyzed NAGPRA in a way that respects the Indian heritage while still respecting the rights of modern Indian families and created a good balance between the two."Clearly as they said, the borough of Jim Thorpe is not a museum. Jim Thorpe will stay in Jim Thorpe at his final resting place. Moving forward, hopefully Jim Thorpe's two families can move together in peace and put this additional unusual chapter in Jim Thorpe's life to rest," said Lehighton attorney William G. Schwab, who argued the case on the borough's behalf.Efforts to reach Stephen R. Ward, the attorney for Richard and William Thorpe's family, and borough officials were unsuccessful early Thursday."For the foregoing reasons, we will reverse the judgment of the District Court as to the applicability of Native American Graves Protection and Repatriation Act to the burial of Jim Thorpe in the Borough, and claim. We will remand the action for the District Court to enter judgment in favor of Appellant, the Borough of Jim Thorpe," the ruling states."We therefore hold that the District court erred in overturning the clearly expressed wishes of Thorpe's wife by ordering his body to be exhumed and his remains delivered to John Thorpe," the ruling states.How it happenedThorpe died in 1953, without leaving a will.A year later, his third wife, Patsy, in an agreement with borough civic leaders, including journalist Joe Boyle, consented to have his body buried in Jim Thorpe, which had been newly created by joining East and West Mauch Chunk.The arrangement, to promote tourism, was opposed by several of Thorpe's eight children from previous marriages. They believed that because Thorpe was a member of the Sac and Fox Nation, he should be buried on tribal land in Oklahoma. Legislation had been presented to the then-governor of that state providing for Thorpe's burial and a memorial, but the governor didn't sign it.Patsy has since died; she and Thorpe had no children together.The appeal involved John Thorpe, the Sac and Fox Nation of Oklahoma, William Thorpe, and Richard Thorpe versus the borough; then-council members Michael Sofranko, Ronald Confer, John McGuire, Joseph Marzen, W. Todd Mason, Jeremy Melber, Justin Yaich, Joseph Krebs, Greg Strubinger, Kyle Sheckler and Joanne Klitsch.A total cost for the appeal was not available Thursday. In May, representatives from the Jim Thorpe Area Sports Hall of Fame presented a check to Mayor Michael Sofranko for $7,820 to help offset the costs of the appeal.The case was argued in February before Chief Judge Theodore A. McKee and circuit judges Michael Chagares and Patty Shwartz.