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U.S. v. TSOSIE

No. CIV 92-1234 LH/DJS.

849 F.Supp. 768 (1994)

UNITED STATES of America, on its own behalf and on behalf of Reuben Mariano a/k/a Na tithl hi ya, Plaintiffs, v. Grace TSOSIE, Defendant.

United States District Court, D. New Mexico.

April 21, 1994.

Attorney(s) appearing for the Case

Raymond Hamilton, Larry Gomez, U.S. Atty's. Office, D.N.M., Albuquerque, NM, for plaintiffs.

Paul E. Frye, Cynthia A. Kiersnowski, Nordhaus, Haltom, Taylor, Taradash & Frye, Albuquerque, NM, for defendant.

MEMORANDUM OPINION

HANSEN, District Judge.

The issue before me in this matter is whether or not I should abstain sua sponte. All three parties oppose abstention. Having reviewed the record, briefs of the parties requested by the Court on this specific issue, and applicable case law, I conclude that I must consider the Indian abstention doctrine sua sponte and that, having done so, abstention and comity principles, as applied to the facts...

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