ST. MARKS v. CHIPPEWA-CREE TRIBE OF ROCKY BOY, ETC.

No. 75-2298.

545 F.2d 1188 (1976)

Peter J. ST. MARKS, Appellant, v. The CHIPPEWA-CREE TRIBE OF ROCKY BOY RESERVATION, MONTANA, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

October 18, 1976.


Attorney(s) appearing for the Case

George Rouff, of Montana Legal Services Assoc., Havre, Mont., for appellant.

Philip Roy, of Roy & Pond, Browning, Mont., for appellees.

Before TUTTLE, HUFSTEDLER and GOODWIN, Circuit Judges.


PER CURIAM:

The judgment from which St. Marks appeals is vacated, and the action is remanded to the district court for further proceedings.

St. Marks filed this action challenging the physical residency requirement of section 2, Article IV, of the tribe's constitution and bylaws. He also sought to set aside the election in which he had been barred from running for tribal judge.

In entering its order dismissing the action on the ground that St. Marks...

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