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FORD MOTOR COMPANY v. TODECHEENE

Nos. 02-17048, 02-17165.

474 F.3d 1196 (2007)

FORD MOTOR COMPANY, Plaintiff-Appellee, v. Joe R. TODECHEENE, as the surviving natural parent of Esther Todecheene, deceased; Mary Todecheene, as the surviving natural parent of Esther Todecheene, deceased, Defendants-Appellants, and Navajo Nation District Court; Leroy S. Bedonie, The Honorable, Defendants. Ford Motor Company, Plaintiff-Appellee, v. Joe R. Todecheene, as the surviving natural parent of Esther Todecheene, deceased; Mary Todecheene, as the surviving natural parent of Esther Todecheene, deceased, Defendants, and Navajo Nation District Court; Leroy S. Bedonie, The Honorable, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

February 1, 2007.

Attorney(s) appearing for the Case

Vaughn Crawford, Andrew S. Ashworth, Esq., Snell & Wilmer, LLP Phoenix, AZ, for Plaintiff-Appellee.

Richard A. Derevan, Esq., Snell & Wilmer, Irvine, CA, Edward D. Fitzhugh, Esq., Law Offices of Edward D. Fitzhugh, Tempe, AZ, Luraline D. Tapahe, Navajo Nation Department of Justice, Window Rock, AZ, for Defendants-Appellants.

Before BARRY G. SILVERMAN, WILLIAM A. FLETCHER, and JOHNNIE B. RAWLINSON, Circuit Judges.

ORDER

Joe and Mary Todecheene's Petition for Rehearing is GRANTED in part.

The opinion in this case, Ford Motor Company v. Todecheene, 394 F.3d 1170 (9th Cir.2005) is WITHDRAWN. Because our en banc opinion in Smith v. Kootenai College, 434 F.3d 1127 (9th Cir.2006), did not resolve the jurisdiction issue presented in this case, we cannot say that the tribal courts in this case...

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