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COUNTY OF LEWIS v. ALLEN

No. 94-35979.

141 F.3d 1385 (1998)

COUNTY OF LEWIS; Don Fortney; Thomas F. Myers, Plaintiffs-Appellees, v. John D. ALLEN, Defendant, and Nez Perce Tribe; Nez Perce Tribal Court; Judges of the Nez Perce Tribal Court, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Withdrawn From Submission March 20, 1997.

Resubmitted July 1, 1997.

Decided April 23, 1998.

Amended May 5, 1998.

Second Amendment July 24, 1998.

Attorney(s) appearing for the Case

Douglas Roger Nash, Office of Legal Counsel, Nez Perce Tribal Executive Committee, Lapwai, ID, for Defendants-Appellants.

Marc A. Lyons, Ramsden & Lyons, Coeur d'Alene, ID, for Plaintiffs-Appellees.

Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case deals with a tribal court's jurisdiction over a nonmember in a tort action.

FACTS

Lewis County is a subdivision of the State of Idaho. Much of its territory is within the Nez Perce Indian Reservation. The Nez Perce Tribe, by formal resolution, consented to Idaho's assumption of concurrent criminal jurisdiction within the reservation over a number of minor offenses, including disturbing the peace.

According...

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