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UTE INDIAN TRIBE OF THE UINTAH/OURAY v. LAWRENCE

No. 16-4154.

868 F.3d 1189 (2017)

UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION, a federally recognized Indian Tribe, and a federally chartered corporation; Uintah and Ouray Tribal Business Committee; Shaun Chapoose, Chairman of the Uintah and Ouray Tribal Business Committee; Ute Energy Holdings, a Delaware LLC, Plaintiffs-Appellants, v. Honorable Barry G. LAWRENCE, District Judge, Utah Third Judicial District Court, in his individual and official capacities; Lynn D. Becker, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 25, 2017.

Attorney(s) appearing for the Case

Frances C. Bassett ( Jeffrey S. Rasmussen , Thomas W. Fredericks , Jeremy J. Patterson , and Thomasina Real Bird , with him on the briefs), Fredericks Peebles & Morgan, Louisville, Colorado, for Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, Plaintiffs-Appellants.

David K. Isom , Isom Law Firm, PLLC, Salt Lake City, Utah, for Plaintiff, Counterclaim Defendant-Appellee, Lynn D. Becker.

Brent M. Johnson and Keisa L. Williams , Utah Administrative Office of the Courts, Salt Lake City, Utah, for Third-Party Defendant-Appellee, Judge Barry G. Lawrence.

Before HARTZ and EBEL, Circuit Judges.

This appeal arises from a contract dispute between Lynn Becker and the Ute Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his claim against the Tribe in Utah state court. The Tribe...

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