NAVAJO NATION v. DISTRICT COURT FOR UTAH COUNTY

No. 85-2649.

831 F.2d 929 (1987)

NAVAJO NATION; Navajo Nation, as parens patriae for Jeremiah Halloway; Cecelia Saunders; Bessie Begay, Plaintiffs-Appellants, v. DISTRICT COURT FOR UTAH COUNTY, FOURTH JUDICIAL DISTRICT, STATE OF UTAH; Honorable David Sam; Dan and Patricia Carter, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 21, 1987.


Attorney(s) appearing for the Case

Craig J. Dorsay (Bruce R. Greene, Greene & Mayer, Boulder, Colo., Mary Ellen Sloan, Salt Lake City, Utah, and The Navajo Nation Dept. of Justice, Window Rock, Ariz., with him, on briefs), Willner & Kelly, Portland, Or., for plaintiffs-appellants.

Stephen J. Sorenson, Asst. Atty. Gen., (David L. Wilkinson, Atty. Gen., with him, on briefs), Utah Atty. General's Office, Salt Lake City, Utah, for defendants-appellees.

Before MOORE, BARRETT, and TACHA, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

The appellants in this case, plaintiffs below, seek a determination of whether state courts or tribal courts have jurisdiction over proceedings to determine custody of a Navajo child. Parallel actions to determine the custody of a Navajo child were filed first in Utah state court and later in the Navajo tribal court. After a ruling in state court holding that the domicile of the child had shifted from the reservation to the state, thereby...

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