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STATE OF MONT. DEPT. OF TRANSP. v. KING

No. 98-35002.

191 F.3d 1108 (1999)

STATE OF MONTANA DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. Tracy KING, personally and in his capacity as President, Fort Belknap Indian Community Council; Bruce "Buzz" Doney, personally and in his capacity as Director, Fort Belknap Tribal Employment Rights Office; Grant Cochran, personally and in his capacity as Compliance Officer, Fort Belknap Tribal Employment Rights Office, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1999.

Attorney(s) appearing for the Case

James L. Vogel, Hardin, Montana, for the appellants.

Joseph P. Mazurek, Attorney General, Sarah Bond, Assistant Attorney General, Helena, Montana, for the appellee.

Before: PREGERSON, TASHIMA, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

In this appeal, we are required to decide whether the Fort Belknap Indian Community (the "Community") can regulate the State of Montana's employment practices in performing construction work on a state highway that crosses the reservation. We conclude that the Community lacks the power and jurisdiction to enforce their employment ordinance against the State of Montana for work done on a state-owned right of way and thus affirm the district court...

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