United States Eighth Circuit

In a case where the district court determined that an Indian tribal court lacked jurisdiction over a suit against a non-Indian, nonmember of the Tribe arising from an automobile accident on a state highway within the reservation, summary judgment for plaintiff is affirmed over claims that: 1) district court's "categorical" application of Strate v. A-1 Contractors, 520 U.S. 438 (1997), ignored the Supreme Court's reasoning; 2) additional discovery was necessary to demonstrate that the parties to the 1955 agreement believed the right-of-way would confer only limited rights to the state; 3) the state's stipulation accompanying its application for a right-of-way did not comply with the federal regulations and was void ab initio; 4) additional discovery was necessary to determine the applicability of the exceptions under Montana v. US, 450 U.S. 544 (1981).

Appellate Information

• Decided 04/04/2008
• Published 04/04/2008

Judges

• HANSEN, Circuit Judge., Before MURPHY, HANSEN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas John Peckham, argued, Alan R. Taradash, Doreen N. Hobson, Rodina C. Cave, Jennifer J. Dumas, on the brief, Albuquerque, NM, Gary M. Hazelton, Bemidji, MN, on the brief, for Appellants.


• For Appellees:
  
• Roger Herbert Gross, argued, Timothy J. Crocker, on the brief, Minneapolis, MN, Charles R. Powell, Bemidji, MN, on the brief, for Appellees.