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ADOPTION OF RIFFLE

No. 95-132.

902 P.2d 542 (1995)

In the Matter of the ADOPTION OF Jessica Lynn Riffle

Supreme Court of Montana.

Decided September 13, 1995.

Attorney(s) appearing for the Case

Monte J. Boettger, Lewistown; Ann Gilkey, Department of Family Services, Helena, and Ronald Arneson, Billings, for appellants. Jerrold Nye, Billings, for respondents.

TURNAGE, Chief Justice.

Appellants John Garlick, Montana Department of Family Services and Turtle Mountain Band of Chippewa appeal the decision of the Tenth Judicial District Court, Fergus County, granting the petition of respondents Kenneth and Clara Siroky for adoption of Jessica Lynn Riffle. We reverse and remand.

We find the following issue dispositive on appeal:

Did the District Court err in determining that Jessica was not an "Indian child" pursuant...

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