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BURLINGTON NORTHERN R. CO. v. CROW TRIBAL COUNCIL

No. 89-35667.

940 F.2d 1239 (1991)

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Appellee, v. CROW TRIBAL COUNCIL, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1991.

Attorney(s) appearing for the Case

Thomas E. Towe, (argued), Billings, Mont. (Sarah W. Barlow and Daniel M. Rosenfelt, Rosenfelt, Barlow & Borg, P.A., Albuquerque, N.M., on brief) for defendants-appellants.

Michael E. Webster, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Mont., for plaintiff-appellee.

Before TANG, D.W. NELSON and CANBY, Circuit Judges.

TANG, Circuit Judge:

The Crow Tribe enacted an ordinance establishing a commission to regulate railroads crossing the Crow Reservation. Burlington Northern Railroad ("BN") sought a declaratory judgment in federal court invalidating the ordinance as exceeding tribal jurisdiction. The Tribe moved for dismissal for lack of jurisdiction, and the district court denied the motion. The district court later granted default judgment to BN for the Tribe's failure to comply...

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