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BURLINGTON NORTHERN R. CO. v. RED WOLF

Nos. 98-35502, 98-35539 and 98-35541.

196 F.3d 1059 (1999)

BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, Plaintiff-Appellee, v. Valerie RED WOLF; Gladys Red Wolf; Randy Red Wolf; Dorrie Bull Tail; Dewey Bull Tail, Defendants-Appellants. and Honorable Ron Arneson, Crow Tribal Court, Special Judge, Defendant, and The Crow Tribe of Indians, Defendant-Intervenor. Burlington Northern Railroad Company, a Delaware corporation, Plaintiff-Appellee, v. Valerie Red Wolf; Gladys Red Wolf; Randy Red Wolf; Dorrie Bull Tail; Dewey Bull Tail; Honorable Ron Arneson, Crow Tribal Court, Special Judge, Defendants. The Crow Tribe of Indians, Applicant in Intervention-Appellant. Burlington Northern Railroad Company, a Delaware corporation, Plaintiff-Appellee, v. Valerie Red Wolf; Gladys Red Wolf; Randy Red Wolf; Dorrie Bull Tail; Dewey Bull Tail; Honorable Ron Arneson, Crow Tribal Court, Special Judge, Defendants. The Crow Tribe of Indians, Applicant in Intervention-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 17, 1999.

As Amended on Denial of Rehearing January 6, 2000.

Attorney(s) appearing for the Case

Alexander Blewett III and John C. Hoyt, Hoyt & Blewett, Great Falls, Montana; A. Clifford Edwards, Edwards Law Firm, Billings, Montana, for the defendants-appellants.

Charles G. Cole, Shannen W. Coffin, Steptoe & Johnson, Washington, D.C.; George C. Dalthorp, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana; Gary L. Crosby, Fort Worth, Texas; Theodore A. Livingston, Mayer, Brown & Platt, Chicago, Illinois, for the plaintiff-appellee.

John Fredericks III, Fredericks, Pelcyger, Hester & White, Louisville, Colorado, for the intervenor-appellant.

Sarah Krakoff, Indian Law Clinic, Boulder, Colorado; Jeanne S. Whiteing, Whiteing & Smith, Boulder, Colorado, for amicus Blackfeet Tribe.

Maylinn Smith, Missoula, Montana, for amicus Montana-Wyoming Tribal Judges Association.

Before: White, Associate Justice (Ret.), Thomas and McKeown, Circuit Judges.

THOMAS, Circuit Judge:

This appeal presents the question of whether a tribal court has civil jurisdiction over a tort claim arising from an accident on a right-of-way granted to a railroad by Congress. We conclude that the tribal court lacks jurisdiction, and affirm the district court's grant of an injunction against further prosecution of the tribal court action.

I

Beverly Nadine Red Wolf and Regina Bull...

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