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A-1 CONTRACTORS v. STRATE

No. 92-3359.

76 F.3d 930 (1996)

A-1 CONTRACTORS; Lyle Stockert, Appellants, v. Honorable William STRATE, Associate Tribal Judge of the Tribal Court of the Three Affiliated Tribes of the Fort Berthold Indian Reservation; Three Affiliated Tribes of the Fort Berthold Indian Reservation, The Tribal Court; Lyndon Benedict Fredericks; Kenneth Lee Fredericks; Paul Jonas Fredericks; Hans Christian Fredericks; Jeb Pius Fredericks; Gisela Fredericks, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 16, 1996.

Attorney(s) appearing for the Case

Patrick J. Ward, Bismark, North Dakota, argued (Michael G. Fiergola, on the brief), for appellant.

Melody L. McCoy, Boulder, Colorado, argued (Urban J. Bear Don't Walk, New Town, North Dakota and Thomas A. Dickson, Bismarck, North Dakota, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, McMILLIAN, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, en banc.

HANSEN, Circuit Judge.

In this case, we are asked to decide whether an American Indian Tribal Court has subject matter jurisdiction over a tort case which arose out of an automobile accident which occurred between two non-Indian parties on an Indian reservation. A divided panel of this court previously concluded that the Indian tribe retained the inherent sovereign power to allow the tribal court to exercise subject matter jurisdiction over the dispute. After granting...

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