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Amerind Risk Management Corporation v. Myrna Malaterre; Carol Belgarde; Lonnie Thompson

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Submitted: October 22, 2009

Before BYE, BEAM, and SHEPHERD, Circuit Judges.

Amerind Risk Management Corporation (Amerind) is a federally chartered corporation that assumed the rights and obligations of its tribally chartered predecessor, also named Amerind Risk Management Corporation (ARMC). Amerind appeals the federal district court’s adverse grant of summary judgment in this declaratory judgment action. Amerind sought a determination in federal district court that the Turtle Mountain Tribal Court (Tribal Court) lacked jurisdiction over tort litigation between Amerind and three enrolled members of the Turtle Mountain Band of Chippewa Indians (Tribe), and requested an order enjoining the plaintiffs from proceeding in the Tribal Court. The district court held that, although Amerind was a nonmember of the Tribe, the Tribal Court had jurisdiction over the tort litigation based on ARMC’s contractual relationship with the Turtle Mountain Housing Authority (TMHA), an entity of the Tribe.

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