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POITRA v. DEMARRIAS

No. 74-1025.

502 F.2d 23 (1974)

Mary POITRA, as mother and surviving parent of Richard A. Primeaux, Appellant, v. Donald DEMARRIAS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1974.

Attorney(s) appearing for the Case

Marvin J. Sonosky, Washington, D. C., for appellant.

John M. Olson, Sp. Asst. Atty. Gen., Bismarck, N. D., for appellee.

Before HEANEY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.

STEPHENSON, Circuit Judge.

In this wrongful death action brought by one Indian against another Indian, the primary issue raised on appeal is whether diversity jurisdiction in the federal district court pursuant to 28 U. S.C. § 1332(a) (1970) is precluded by reason of the absence of subject-matter jurisdiction in the courts of the State of North Dakota over civil causes of action arising in Indian country. Gourneau v. Smith, 207 N.W.2d 256

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