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DEMONTINEY v. U.S. EX REL. DEPT. OF INTERIOR

No. 99-35874.

255 F.3d 801 (2001)

John DEMONTINEY, d/b/a Earthwalker Engineering, Plaintiff-Appellant, v. UNITED STATES of America, on behalf of its agency, the DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS; Chippewa Cree Tribe of Rocky Boy's Reservation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2001.

Attorney(s) appearing for the Case

Robert L. Stephens, Jr., Southside Law Center, Billings, Montana, for the plaintiff-appellant.

Victoria L. Francis, Assistant United States Attorney, Billings, Montana; Barbara C. Biddle and Mary K. Doyle, Department of Justice, Civil Division, Washington, D.C., for defendant-appellee Department of Interior, Bureau of Indian Affairs.

Daniel Belcourt, Tribal Attorney, Chippewa Cree Tribe, Box Elder, Montana; and Daniel F. Decker, Decker & Desjarlais, St. Ignatius, Montana, for defendant-appellee Chippewa Cree Tribe of Rocky Boy's Reservation.

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

RONALD M. GOULD, Circuit Judge:

This case arises from a contract dispute among an Indian tribal member, the tribe, and a federal agency over a construction project on tribal land. The issues before us are jurisdictional. Appellant, Chippewa Cree tribal member John Demontiney ("Demontiney"), doing business as Earthwalker Engineering, entered into a subcontract with Appellee, the Chippewa Cree Tribe of Rocky Boy's Reservation (the "Tribe"), for engineering services...

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