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BRUCE H. LIEN CO. v. THREE AFFILIATED TRIBES

Nos. 95-3916, 96-1013.

93 F.3d 1412 (1996)

BRUCE H. LIEN COMPANY, Plaintiff-Appellant, v. THREE AFFILIATED TRIBES; Russell D. Mason, Sr., as member of the Three Affiliated Tribal Business Council; Marty Fox; Daylon Spotted Bear, as member of the Three Affiliated Tribal Business Council; Ivan Johnson, as member of the Three Affiliated Tribal Business Council; Austin Gillette, as member of the Three Affiliated Tribal Business Council; George Fast Dog, as member of the Three Affiliated Tribal Business Council; Ed Hall, as member of the Three Affiliated Tribal Business Council; P. Diane Avery, District Judge of the Tribal Court of the Three Affiliated Tribes, Defendants-Appellees. BRUCE H. LIEN COMPANY, Plaintiff-Appellee, v. THREE AFFILIATED TRIBES; Russell D. Mason, Sr., as member of the Three Affiliated Tribal Business Council; Marty Fox; Daylon Spotted Bear, as member of the Three Affiliated Tribal Business Council; Ivan Johnson, as member of the Three Affiliated Tribal Business Council; Austin Gillette, as member of the Three Affiliated Tribal Business Council; George Fast Dog, as member of the Three Affiliated Tribal Business Council; Ed Hall, as member of the Three Affiliated Tribal Business Council, Defendants-Appellants, P. Diane Avery, District Judge of the Tribal Court of the Three Affiliated Tribes, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1996.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Spearfish, SD, argued (Thomas K. Schoppert, on the brief), for Bruce H. Lien Co.

James G. Abourezk, Souix Falls, SD, argued, for P. Diane Avery.

Henry M. Buffalo, Jr., Minneapolis, MN, argued, (Joseph F. Halloran, on the brief), for Three Affiliated Tribes and Tribal Business Council Officials.

Before BOWMAN and HEANEY, Circuit Judges, and BOGUE, Senior District Judge.

BOGUE, Senior District Judge.

The Bruce H. Lien Company (Lien or the Company) appeals the District Court's refusal to compel arbitration in Lien's dispute with the Three Affiliated Tribes (Tribes) over matters concerning a tribal gaming operation. The Tribes appeal the District Court's denial of their motion to dismiss. For the reasons stated below, we affirm in part and reverse in part.

I.

The parties to this dispute came together for the purpose...

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