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KICKAPOO TRIBE OF OKLAHOMA v. RADER

No. 84-2279.

822 F.2d 1493 (1987)

KICKAPOO TRIBE OF OKLAHOMA, Johnny Ortega, a minor child through next friend, Vernon Ketcheshawno, Herbert White, Bob White, Delores Murdock, Joyce Naneto, Ruth Sanderson, James Wahpepah, Emma Gonzales, Fredrico Gonzales, Emma Salazar, Fredrico Salazar, Antonio Anico and Vernon Ketcheshawno, Plaintiffs-Appellees, v. Lloyd RADER, Debra Roth, Joanna Romero, Victoria Burkes, Andres Martinez, Helen Martinez, George Miller, Cheryl Mullin, Jane Conner, Earline Logan, Dian England, Defendants-Appellants, State of Oklahoma, Department of Human Services, Defendant In Intervention-Appellant, Betty Davis, the Hon. Arthur Lory Rakestraw, the Hon. Judge Loys Criswell, and Department of Human Services, Defendants.

United States Court of Appeals, Tenth Circuit.

July 2, 1987.

Attorney(s) appearing for the Case

Thomas H. Tucker, State of Oklahoma Dept. of Human Services, Oklahoma City, Okl. (Pamela K. Padley, was also on brief), for defendants-appellants Lloyd Rader, Debra Roth, Joanna Romero, Victoria Burkes, George Miller, Cheryl Mullin, Jane Conner, Earline Logan and Dian England.

Boyd Baker, Altus, Okl., for defendants-appellants Andres Martinez and Helen Martinez.

Sue Wycoff, Oklahoma Indian Legal Services, Oklahoma City, Okl. (Susan Work Haney, Oklahoma City, Okl. and Mary Barksdale, Tahlequah, Okl., were also on brief, for plaintiff-appellee Kickapoo Tribe), Albert Ghezzi and Berry Benefield, Native American Center, Oklahoma City, Okl., for plaintiff-appellee Antonio Anico.

Before HOLLOWAY, Chief Judge, DOYLE, Circuit Judge, and BROWN, District Judge.

HOLLOWAY, Chief Judge.

This appeal generates several difficult legal issues involving the application of the Indian Child Welfare Act of 1978 (ICWA)1, the role of federal and state courts in the adoption proceedings of an Indian child, Johnny Ortega, the recognition by federal courts of state court judgments construing federal statutes, and the due process rights of an Indian father who speaks no English.

I

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