Published February 12. 2015 10:32AM
The U.S. Court of Appeals for the Third District on Wednesday entered its final judgment in the matter of where the body of Olympic gold medalist Jim Thorpe will rest.
The ruling says his body will remain in his namesake borough, buried along Route 903. Some members of Thorpe's family had asked the court to allow them to take his body to his native Oklahoma. They argued that because Thorpe was Native American, laws governing Native American artifacts applied to his body.The court disagreed, ruling that the laws were meant for museums, which the borough is not.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 is 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.The ruling Wednesday was procedural, said Lehighton attorney William G. Schwab, who represented the borough.On Feb. 3, the Third District court, in Philadelphia, rejected the appeal of an October 2014 lower court ruling that the body can stay in the borough."This does set the deadline for a Petition for Certiorari (a request by a losing party to review a ruling) to the U.S. Supreme Court," Schwab said. "They have 90 days from yesterday to ask the Supreme Court to take the case on appeal."