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MESCALERO APACHE TRIBE v. MARTINEZ

No. 74-1516.

519 F.2d 479 (1975)

The MESCALERO APACHE TRIBE, an Indian Tribe, Appellant, v. Joe R. MARTINEZ, d/b/a Marco Construction Company, and Wisconsin Surety Corporation, a Wisconsin Corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided July 9, 1975.

Attorney(s) appearing for the Case

George E. Fettinger, Alamogordo, N. M., for appellant.

Richard J. Grodner, Albuquerque, N. M. (Marc Prelo, Jr., and Albert, Prelo & Berlin, Albuquerque, N. M., on the brief), for appellees.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The Mescalero Apache Tribe brought an action for breach of contract against Joe R. Martinez, doing business as Marco Construction Company, in the United States District Court for the District of New Mexico. By answer Martinez denied the existence of any contract, and challenged the subject matter jurisdiction of the court. The trial court ruled that it did not have jurisdiction of the subject matter, and dismissed the action. The Tribe now...

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