RAMEY CONST. v. APACHE TRIBE OF MESCALERO RESERV.

Nos. 78-1376, 81-1129.

673 F.2d 315 (1982)

RAMEY CONSTRUCTION COMPANY, INC., a Texas corporation, Plaintiff-Appellant, v. The APACHE TRIBE OF the MESCALERO RESERVATION, an incorporated Indian tribe or association in the nature of a non-profit corporation localized in the State of New Mexico; the Mescalero Apache Tribe, Inc., an incorporated Indian tribe localized in the State of New Mexico; the Inn of the Mountain Gods, a tribal chartered corporation or economic organization localized in the State of New Mexico; Boyle Engineering Corporation, a California corporation; and Highlands Insurance Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 22, 1982.


Attorney(s) appearing for the Case

B. Warren Hart, St. Paul, Minn. (John M. Harens, St. Paul, Minn., with him on the brief), Moore, Costello & Hart, St. Paul, Minn. (and Dee D. Miller of Miller, Baker, Russell & Shackelford, Amarillo, Tex., with him on the brief), in No. 78-1376; John M. Harens, and David A. Kastelic of Moore, Costello & Hart, St. Paul, Minn., and Dee D. Miller of Miller, Baker, Russell & Shackelford, Amarillo, Tex., on the briefs in No. 81-1129, for plaintiff-appellant.

George E. Fettinger, Alamogordo, N.M. (Kim Jerome Gottschalk, Alamogordo, N.M., on the brief in both cases), Fettinger & Bloom, Alamogordo, N.M., for defendants-appellees Apache Tribe of the Mescalero Reservation, the Mescalero Apache Tribe, Inc., and the Inn of the Mountain Gods.

Frank H. Allen, Jr., Albuquerque, N.M. (Ruth M. Schifani, Albuquerque, N.M., on the brief in both cases), Modrall, Sperling, Roehl, Harris & Sisk, P. A., Albuquerque, N.M., for defendant-appellee Boyle Engineering Corp.

Robert D. Taichert of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N.M., on the briefs in both cases, for defendant-appellee Highlands Insurance Co.

Before BARRETT and McKAY, Circuit Judges, and BRIMMER, District Judge.


McKAY, Circuit Judge.

In 1972 the Mescalero Apache Tribe began construction of a ten million dollar resort hotel complex called the Inn of the Mountain Gods on its reservation in New Mexico for which Ramey Construction Company was the general contractor. After the project was completed in mid-1975, Ramey filed a complaint in the United States District Court for the District of New Mexico against various Tribal Defendants1 and Boyle Engineering...

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