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BIRD v. GLACIER ELECTRIC COOP.

No. 99-35162

255 F.3d 1136 (2001)

Ron BIRD, individually and on behalf of Glacier Construction, Inc.; Herb Gilham, individually and on behalf of Glacier Construction, Inc.; and Scott Sherburne, individually and on behalf of Glacier Construction, Inc., Plaintiffs-Counter-defendants-Appellees, v. GLACIER ELECTRIC COOPERATIVE, INC., Defendant-Counterclaimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2001

Attorney(s) appearing for the Case

COUNSEL

Jeremiah C. Lynch (argued), Great Falls, Montana, for the plaintiffs-counter-defendants-appellees.

Paul R. Haffeman (argued), Tiffany B. Lonnevik, Davis, Hatley, Haffeman & Tighe, P.C., Great Falls, Montana, for the defendant-counterclaimant-appellant.

Jonathan Hemenway Glazier, Arlington, Virginia, for amici National Rural Electric Cooperative Association and Montana Electric Cooperatives' Association.

Michael E. Webster, Crowley, Haughey, Hanson, Toole & Dietrich P.L.L.P., Billings, Montana, for amici Farmers Insurance Exchange, Truck Insurance Exchange, and Fire Insurance Exchange.

Charles E. McNiel, Garlington, Lohn & Robinson PLLP, Missoula, Montana, for amicus Nationwide Mutual Fire Insurance Company.

Before: Thomas M. Reavley, Diarmuid F. O'Scannlain, and Ronald M. Gould, Circuit Judges.

Argued and Submitted July 18, 2000 — Seattle, Washington

Opinion by Judge Gould.

GOULD, Circuit Judge:

Glacier Electric Cooperative, Inc. ("the Co-op") appeals the district court's judgment declaring that a judgment for compensatory and punitive damages rendered in the Blackfeet Tribal Court ("tribal court") is recognizable and enforceable in federal court. We must decide whether a district court may give comity to a tribal court judgment, for...

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