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WHITE MOUNTAIN APACHE TRIBE v. SMITH PLUMBING CO.

No. 87-2340.

856 F.2d 1301 (1988)

WHITE MOUNTAIN APACHE TRIBE, Plaintiff-Appellee, v. SMITH PLUMBING COMPANY, INC., doing business as White Mountain Supply Company, an Arizona corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1988.

Attorney(s) appearing for the Case

Charles W. Wirken, Killian, Legg, Nicholas, Fischer, Wirken, Cook & Pew, Mesa, Ariz., for defendant-appellant.

Robert C. Brauchli, White Mountain Apache Tribe Legal Department, Pinetop, Ariz., for plaintiff-appellee.

Before GOODWIN, SCHROEDER and POOLE, Circuit Judges.

GOODWIN, Chief Judge:

Smith Plumbing Company, Inc. appeals a preliminary injunction against proceeding with a state court trial against an insurer who wrote a performance bond for White Mountain Apache Tribe's tribal development enterprise.

White Mountain Apache Tribe is a federally recognized Indian tribe organized pursuant to § 16 of the Indian Reorganization Act of 1934, 25 U.S.C. § 476 et seq. (1982), and occupies a reservation in east...

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