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TWIN CITY CONST. v. TURTLE MOUNTAIN INDIANS

No. 89-5439.

911 F.2d 137 (1990)

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 as Judge of the Turtle Mountain Tribal Court; Ernest V. Parisien, and Ernest V. Parisien, d/b/a Parisien Excavation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1990.

Attorney(s) appearing for the Case

Melody L. McCoy, Boulder, Colo., for appellant.

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

Before MAGILL and BEAM, Circuit Judges and LARSON, Senior United States District Judge.

BEAM, Circuit Judge.

This much-litigated but never-tried case comes to us on appeal from the district court's denial of Ernest V. Parisien's motion under Fed.R.Civ.P. 59(e) to alter or amend the district court's judgment. By so ruling, the district court refused to entirely dissolve an injunction which prohibits Parisien from proceeding with a case — pending in tribal court — he initiated several years ago against Twin City Construction Company. Because...

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