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TWIN CITY CONST. CO. OF FARGO v. TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS

No. 87-5413.

866 F.2d 971 (1989)

TWIN CITY CONSTRUCTION CO. OF FARGO and United States Fidelity and Guaranty Company, Appellees, v. TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS Through its Chairman, Richard LaFROMBOISE; The Tribal Council of the Turtle Mountain Band of Chippewa Indians, Through its chairman, Richard LaFromboise; the Turtle Mountain Tribal Court, Beverly May in her official capacity of Judge of the Turtle Mountain Tribal Court; and Ernest V. Parisien, d/b/a Parisien Excavation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1989.

Attorney(s) appearing for the Case

Melody L. McCoy, Boulder, Colo., and Thomas K. Schoppert, Minot, N.D., for appellant.

Maureen Holmon, Fargo, N.D., for appellees.

Before LAY, Chief Judge, HEANEY, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges, en banc.

McMILLIAN, Circuit Judge.

Twin City Construction Co. (Twin City) entered into a contract with the Bureau of Indian Affairs to construct a school on the Turtle Mountain Reservation in North Dakota. Twin City was a non-Indian contractor. Under a subcontract, Twin City hired Ernest V. Parisien, d/b/a Parisien Excavation, to perform water, storm and sanitary sewer work. Parisien belonged to the Turtle Mountain Band of Chippewa Indians.

In 1982 Twin City became...

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