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CONFEDERATED TRIBES OF COLVILLE RESERVATION v. SUPERIOR COURT OF OKANOGAN COUNTY

No. 89-35829.

945 F.2d 1138 (1991)

CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, Mel Tonasket, Chairman; Colville Business Council; Colville Tribal Court, itself and enrolled members of the Tribes, Judy Pearson, Desiree S. Freund and Keenan A. Freund, Plaintiffs-Appellants, and Robert Freund, Intervenor, v. SUPERIOR COURT OF OKANOGAN COUNTY, the Honorable James R. Thomas and the Honorable David Edwards; James Weed, Okanogan County Sheriff; and Peter Sirois, Omak Chief of Police, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1991.

Attorney(s) appearing for the Case

Alan C. Stay, Reservation Atty., Colville Federation Tribes, Nespelem, Wash., for plaintiffs-appellants.

David E. Walsh, Deputy Atty. Gen., Olympia, Wash., for defendants-appellees.

Before HUG, and D.W. NELSON, Circuit Judges, and CARROLL, District Judge.

D.W. NELSON, Circuit Judge:

Appellants, the Confederated Tribes of the Colville Reservation (the "Tribes"), seek declaratory and injunctive relief against appellees, Okanogan Superior Court, Judge James Thomas and Commissioner David Edwards. They challenge the Superior Court's holding that the Colville Tribes had been divested of civil authority to decide domestic matters by virtue of a federal statute, Public Law 280. The district court granted partial declaratory...

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