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WINER v. PENNY ENTERPRISES, INC.

No. 20030114.

674 N.W.2d 9 (2004)

2004 ND 21

Gary WINER, Plaintiff and Appellant v. PENNY ENTERPRISES, INC., Jerrid Mudgett, Sr., individually and as the next friend and guardian of his minor son, Jerrid Mudgett, Jr., Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing denied February 25, 2004.

Attorney(s) appearing for the Case

Peter K. Halbach, Haugland, Halbach and Halbach, Devils Lake, N.D., for plaintiff and appellant.

Daniel M. Traynor, Traynor, Rutten & Traynor, P.C., Devils Lake, N.D., for defendants and appellees.

NEUMANN, Justice.

[¶ 1] Gary Winer appealed from an order and judgment dismissing, without prejudice, his personal injury action against Jerrid Mudgett, Sr., and Jerrid Mudgett, Jr., for lack of subject-matter jurisdiction, and against Penny Enterprises, Inc., for nonjoinder of the Mudgetts as indispensable parties. We conclude the district court correctly ruled it lacked subject-matter jurisdiction over this action brought by a non-Indian plaintiff against Indian...

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