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N. CHEYENNE TRIBE v. ROMAN CATHOLIC CHURCH

No. DA 12-0010.

296 P.3d 450 (2013)

2013 MT 24

The NORTHERN CHEYENNE TRIBE, a Sovereign Indian Tribe of the United States and as a Nation of People, both Individually and Collectively, Plaintiff and Appellant, v. The ROMAN CATHOLIC CHURCH; by and through its Corporate and other Business Entities, to include, but not limited to, The DIOCESES OF GREAT FALLS/BILLINGS; St. Labre Indian School Educational Association, Inc., St. Labre Home for Indian Children and Youth, Inc., and John Does I-X, Defendants and Appellees.

Supreme Court of Montana.

Decided February 5, 2013.

Rehearing Denied March 12, 2013.

Attorney(s) appearing for the Case

For Appellant: Jackie S. Shields ; A. Clifford Edwards ; Triel D. Culver ; A. Christopher Edwards ; Edwards, Frickle & Culver, Billings, Montana.

For Appellees: Maxon R. Davis ; Jeffry M. Foster ; Davis, Hatley, Haffeman & Tighe, P.C., Great Falls, Montana (Diocese), Herbert I. Pierce, III , Jeffery J. Oven , Crowley Fleck PLLP, Billings, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The Northern Cheyenne Tribe (NCT) appeals from an order of the Thirteenth Judicial District Court, Yellowstone County that granted summary judgment on all of NCT's claims. We affirm in part, reverse in part, and remand.

¶ 2 Our resolution of NCT's appeal requires us to address the following issues:

¶ 3 Whether the District Court properly granted summary judgment to St. Labre...

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