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IN RE M.T.

No. 05-0179.

714 N.W.2d 278 (2006)

In the Interest of M.T., M.T., and T.B., Minor Children.

Supreme Court of Iowa.

May 19, 2006.

Attorney(s) appearing for the Case

Michelle M. Dreibelbis, Sioux City, for appellants, minor children.

Thomas S. Mullin, County Attorney, and David A. Dawson, Assistant County Attorney, for appellants, State of Iowa and Woodbury County Attorney.

Thomas J. Miller, Attorney General, and Bruce Kempkes, Assistant Attorney General, for appellee, Iowa Department of Human Services.

Martha M. McMinn, Sioux City, for appellee, The Winnebago Tribe of Nebraska.

Jeffrey S. Rasmussen of Olson, Allen & Rasmussen, L.L.C., Bloomington, Minnesota, Thomas D. Grabinski, Grinnell Wilford Stone of Lynch Dallas, P.C., Cedar Rapids, for amicus curiae, The Sac & Fox Tribe of the Mississippi in Iowa.

Molly Vakulskas-Joly, Sioux City, for the father of M.T. and M.T.

H. Allan Sturgeon, Sioux City, for the mother of the minor children.

TERNUS, Justice.

The district court allowed The Winnebago Tribe of Nebraska to intervene in this child-in-need-of-assistance action. The children's attorney and the Woodbury County Attorney challenge this ruling, claiming the Iowa Indian Child Welfare Act, under which the court authorized the tribe's intervention, is unconstitutional. We do not reach this issue, however, because we are compelled to conclude the appeal must be dismissed on jurisdictional grounds.<...

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