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GUSTAFSON v. ESTATE OF POITRA

No. 20100277.

800 N.W.2d 842 (2011)

2011 ND 150

Darrel GUSTAFSON and One Stop Market, Plaintiffs and Appellees v. ESTATE OF Leon POITRA and Linus Poitra, Defendants and Appellants.

Supreme Court of North Dakota.

August 10, 2011.

Attorney(s) appearing for the Case

Debra L. Hoffarth (argued), Minot, ND, for plaintiffs and appellees.

Linus Poitra (appeared), self-represented, and Raymond A. Poitra (argued), self-represented, Belcourt, ND, for defendants and appellants.

KAPSNER, Justice.

[¶ 1] Linus Poitra appealed the default judgment entered by the district court regarding a lease between Darrel Gustafson as lessee and Leon Poitra and Linus Poitra as lessors. Linus Poitra argued the district court did not have subject matter jurisdiction to enter the default judgment because the Poitras are members of the Turtle Mountain Band of Chippewa Indians, and the land subject to the lease is Indian-owned fee land located within the...

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