BECENTI v. VIGIL

No. 88-2867.

902 F.2d 777 (1990)

Mary BECENTI, as Trustee for the Testamentary Trust known as "Randy's Laundry," and individually, Plaintiff-Appellant, v. Sheryl VIGIL and Raymond Brooks, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 23, 1990.


Attorney(s) appearing for the Case

Bernice G. Muskrat, Albuquerque, N.M., for plaintiff-appellant.

Jacques B. Gelin and Edward J. Shawaker, Attys., Dept. of Justice, Washington, D.C. (Donald Carr, Acting Asst. Atty. Gen., William L. Lutz, U.S. Atty., Herbert A. Becker, Asst. U.S. Atty., Albuquerque, N.M., and Kathleen P. Dewey, Atty., Dept. of Justice, Washington, D.C., with Gelin on the brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, ANDERSON and EBEL, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

Mary Becenti appeals the district court's order dismissing her action against Vigil and Brooks for lack of subject matter jurisdiction. Because implicitly the district court's order improvidently upheld the removal of this case from the Jicarilla Apache Tribal Court in which it was originally commenced, we vacate the district court's order and remand with directions to remand the case to the tribal court.

BACKGROUND

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