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MACARTHUR v. SAN JUAN COUNTY

Nos. 05-4295, 05-4310.

497 F.3d 1057 (2007)

Steven MacARTHUR; Nathaniel Penn; Michelle Lyman; Helen Valdez; Candace Laws; Linda Cacapardo; Sue Burton; Amy Terlaak; Candace Holiday, Nicole Roberts, Plaintiffs, and Alison Dickson; Donna Singer; Fred Riggs, Plaintiffs-Appellants/Cross-Appellees, v. SAN JUAN COUNTY; San Juan Health Services District; J. Tyron Lewis, Commissioner; Bill Redd, Commissioner; Craig Halls; Reid M. Wood; Cleal Bradford; Roger Atcitty; John Lewis; John Housekeeper; Karen Adams; Patsy Shumway; James D. Redd; L. Val Jones; Manfred R. Nelson; Richard Bailey; Marilee Bailey; Ora Lee Black; Gary Holladay; Lori Wallace, also known as Laurie Walker; St. Paul's Insurance; Carla Grimshaw; Gloria Yanito; Julie Bronson; R. Dennis Ickes; Laurie Schafer; Lyn Stevens, San Juan County Commissioner; Manuel Morgan, San Juan County Commissioner; Nettie Prack; Glen Imel, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

July 18, 2007.

Attorney(s) appearing for the Case

Susan Rose, Sandy, UT, for Plaintiffs-Appellants/Cross-Appellees.

Carolyn Cox (and Blaine J. Benard, with her on the brief), Holme, Roberts & Owen, L.L.P., Salt Lake City, UT, for Defendants-Appellees/Cross-Appellants San Juan Health Services District, Reid Wood, and Lauren Schafer.

Jesse C. Trentadue, (Michael W. Homer with him on the brief), Suitter Axland, Salt Lake City, UT, for Defendants-Appellees/Cross-Appellants San Juan County, J. Tyron Lewis, Bill Redd, Craig Halls, and Richard Bailey.

Before KELLY, EBEL, and McCONNELL, Circuit Judges.

KELLY, Circuit Judge.

Plaintiffs in this case seek enforcement of several preliminary injunction orders issued by a court of the Navajo Nation. Although the decision to enforce a nonfinal tribal court judgment is a matter of discretion, federal courts will ordinarily err on the side of enforcement of such judgments in the name of comity. We will not enforce a tribal court judgment, however, when the tribal court lacked subject matter jurisdiction. In the realm of...

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