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K2 AMERICA CORP. v. ROLAND OIL & GAS, LLC

No. 10-35455.

653 F.3d 1024 (2011)

K2 AMERICA CORPORATION, Plaintiff-Appellant, v. ROLAND OIL & GAS, LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted August 5, 2011.

Filed August 5, 2011.

Attorney(s) appearing for the Case

Nick A. Swartzendruber , Poulson, Odell & Peterson, L.L.C., Denver, CO, for plaintiff-appellant K2 America Corporation.

Brad Aklestad , Aklestad Law Office, Shelby, MT, for defendant-appellee Roland Oil & Gas, LLC.

Elizabeth Ann Peterson , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for amicus curiae United States.

Jeanne S. Whiteing , Boulder, CO, for amicus curiae Blackfeet Tribe.

Before: D.W. NELSON, SIDNEY R. THOMAS, and SUSAN P. GRABER, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether federal jurisdiction exists over a lawsuit between two Montana corporations alleging state law claims arising from a dispute over lands held by the United States in trust for various Indian allottees. We conclude that federal jurisdiction does not extend to the claims, and we affirm the judgment of the district court.

I

A

Plaintiff-Appellant K2 America Corporation...

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