Mary Jane WILSON, Plaintiff-Appellee,
v.
Thomas David MARCHINGTON; Inland Empire Shows, Inc., Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 22, 1997.
Decided September 23, 1997.
Attorney(s) appearing for the Case
William O. Bronson, James, Gray, Bronson & Swanberg, Great Falls, Montana, for defendants-appellants.
Channing J. Hartelius and Cameron Ferguson, Hartelius, Ferguson, Baker & Kazda, Great Falls, Montana, for plaintiff-appellee.
Jeanne S. Whiteing, Whiteing & Smith, Boulder, Colorado and Donald G. Kittson, Browning, Montana, for amicus curiae, Blackfeet Tribe.
George C. Dalthorp and Michael E. Webster, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana, for amicus curiae, National Association of Independent Insurers.
Paul R. Haffeman, Davis, Hatley, Haffeman & Tighe, Great Falls, Montana, for amicus curiae, Glacier Electric Cooperative, Inc.
Harley R. Harris, Office of Attorney General, Helena, Montana, for amicus curiae, State of Montana.
K. Jerome Gottschalk, Native American Rights Fund, Boulder, Colorado, for amicus curiae, The Three Affiliated Tribes of the Fort Berthold Reservation, and the Chippewa Cree Tribe of the Rocky Boy's Reservation.
Charles G. Cole, Steptoe & Johnson, Washington, District of Columbia, for amicus curiae, Burlington Northern Railroad Co.
Steven J. Lechner, Denver, Colorado, for amicus curiae, Mountain States Legal Foundation.
Lana E. Marcussen, Albuquerque, New Mexico, for amicus curiae, The Bighorn Livestock Association.
Before: WRIGHT, REINHARDT, and THOMAS, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
THOMAS, Circuit Judge.
This appeal presents the question of whether, and under what circumstances, a tribal court tort judgment is entitled to recognition in the United States Courts. We conclude that the principles of comity, not full faith and credit, govern whether a district court should recognize and enforce a tribal court judgment. In this instance, because the tribal court lacked jurisdiction, its judgment is not entitled to recognition in the United States...
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