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OERTWICH v. TRADITIONAL VILLAGE OF TOGIAK

No. 19-36029.

29 F.4th 1108 (2022)

Ronald OERTWICH, Plaintiff-Appellant, v. TRADITIONAL VILLAGE OF TOGIAK, aka Community of Togiak, aka Native Village of Togiak, aka Traditional Council of Togiak; Jimmy Coopchiak; Leroy Nanalook; Anecia Kritz; Esther Thompson; John Nick; Willie Wassillie; Herbert Jr. Lockuk; Willie Echuck, Jr.; Craig Logusak, in their individual and official capacities; Paul Markoff; Peter Lockuk, Sr.; Bobby Coopchiak, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2022.

Attorney(s) appearing for the Case

David H. Tennant (argued), Law Office of David Tennant PLLC, Rochester, New York; Andy L. Pevehouse , Gilman & Associates LLC, Kenai, Alaska; for Plaintiff-Appellant.

Whitney A. Leonard (argued), Rebecca A. Patterson , Richard D. Monkman , and Nathaniel Amdur-Clark , Sonosky Chambers Sachse Miller Monkman LLP, Anchorage, Alaska, for Defendants-Appellees.

Dissent by Judge Rawlinson;

OPINION

Opinion by Judge Rawlinson;

Ronald Oertwich (Oertwich) appeals the district court's order dismissing his complaint against Appellee Traditional Village of Togiak (the Tribe) and various individual defendants for lack of subject matter jurisdiction. Oertwich alleged that the

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