No. 12-2871.

725 F.3d 877 (2013)

DISH NETWORK SERVICE L.L.C., Plaintiff-Appellant v. Brian LADUCER; Hon. Madonna Marcellais, in her official capacity as Chief Judge of the Turtle Mountain Band of Chippewa Indians Tribal Court, and Presiding Judge in Brian Laducer v. Dish Network Service L.L.C., Civil Action No. 09-10122, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 5, 2013.

Attorney(s) appearing for the Case

John J. Duffy , Pantelis Michalopoulos , Steptoe & Johnson, Washington, DC, Christopher J. Nyhus , Pearce & Durick, Bismarck, ND, for Plaintiff-Appellant.

Thomas A. Dickson , Dickson Law Office, Bismarck, ND, Ariston Edward Johnson , Johnson & Sundeen, Watford City, ND, for Defendants-Appellees.

Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

MURPHY, Circuit Judge.

This appeal grows out of a satellite television contract between DISH Network Service and Brian Laducer, an enrolled member of the Turtle Mountain Band of the Chippewa Indians. Brian used his daughter Lacey's credit card to open his account and DISH charged that card after Brian stopped making payments. Lacey then sued DISH in state court for consumer fraud and conversion, and DISH removed her action to federal court where it filed a third party...

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