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BROWN v. WASHOE HOUSING AUTHORITY

No. 86-2527.

835 F.2d 1327 (1988)

Knowlton H. BROWN, d/b/a Knowlton H. Brown Construction Co., Plaintiff-Appellee, v. WASHOE HOUSING AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 4, 1988.

Attorney(s) appearing for the Case

Dale T. White (James M. O'Reilly, Gardnerville, Nev., and LeRoy S. Axland and Michael W. Homer, of Suitter, Axland, Armstrong & Hanson, Salt Lake City, Utah, with him on the briefs), of Fredericks & Pelcyger, Boulder, Colo., for defendant-appellant.

Wilford A. Beesley (Jack Fairclough, Salt Lake City, Utah, with him on the brief), Salt Lake City, Utah, for plaintiff-appellee.

Before McKAY, MOORE, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

The Washoe Housing Authority appeals from the district court's denial of a motion to dismiss this diversity suit pending consideration by the appropriate tribal forum. The Supreme Court's recent decision in Iowa Mutual Insurance Co. v. LaPlante, ___ U.S. ___, 107 S.Ct. 971, 94 L.Ed.2d 10 (1987), decided after the district court's ruling, instructs that the federal courts should not consider a suit arising from activities on tribal land...

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