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KELLY v. KELLY

No. 20080103.

759 N.W.2d 721 (2009)

2009 ND 20

Richard K. KELLY, Plaintiff and Appellant v. Karol Lee KELLY, Defendant and Appellee.

Supreme Court of North Dakota.

February 3, 2009.

Attorney(s) appearing for the Case

Paul H. Myerchin, Bormann & Myerchin, LLP, Bismarck, ND, for plaintiff and appellant.

William C. Severin (appeared), Severin, Ringsak & Morrow, Bismarck, ND, for defendant and appellee.

Steven C. Emery, pro hac vice, Fort Yates, ND.

MARING, Justice.

[¶ 1] Richard Kelly appealed from a district court judgment granting him a divorce from Karol Kelly but concluding that the district court lacked subject matter jurisdiction over the incidents of the marriage. We reverse and remand, concluding the district court had concurrent subject matter jurisdiction with the tribal court to adjudicate the incidents of the parties' marriage.

I

[¶ 2] Richard Kelly brought this action...

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