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IN RE LARCH

No. 88-1116.

872 F.2d 66 (1989)

In re Christopher Dwayne LARCH; Frederick Rocky Larch. EASTERN BAND OF CHEROKEE INDIANS; Frederick Wilfred Larch, Plaintiffs-Appellants, v. Ina Quinn LARCH, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1989.

Attorney(s) appearing for the Case

Ben Oshel Bridgers (Charles G. King, Haire & Bridgers, P.A., on brief) for plaintiffs-appellants.

(John M. Olesiuk, Devere C. Lentz, Jr., P.A.; Ervin L. Ball, Jr., Ball, Kelley & Arrowood, P.A., on brief), for defendant-appellee.

Before CHAPMAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and MOTZ, United States District Judge for the District of Maryland, sitting by designation.

BUTZNER, Senior Circuit Judge:

The Eastern Band of Cherokee Indians, a federally recognized Indian tribe, and Frederick Larch, a member of the tribe (collectively the Tribe), appeal from the district court's denial of their petition for a writ of habeas corpus. Their petition seeks the return of two Indian children removed from the Cherokee reservation under a North Carolina state court's custody order.

The district court dismissed the petition, on the grounds...

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