Legal Opinion

Peter J. St. Marks v. The Chippewa-Cree Tribe of Rocky Boy Reservation, Montana

Court of Appeals for the Ninth Circuit

Decided October 18, 1976No. 75-2298PublishedCited by 8 opinions

1Per curiam

The judgment from which St. Marks appeals is vacated, and the action is remanded to the district court for further proceedings.

St. Marks filed this action challenging the physical residency requirement of section 2, Article IY, of the tribe’s constitution and bylaws. He also sought to set aside the election in which he had been barred from running for tribal judge.

In entering its order dismissing the action on the ground that St. Marks had not exhausted his available tribal judicial remedies, the district court gave no effect to the intervening order of the tribal court dismissing plaintiff’s…

2Cases cited5 opinions

  1. Kevin Howlett v. The Salish and Kootenal Tribes of the Flathead Reservation, MontanaCourt of Appeals for the Ninth Circuit · 1976
  2. Charles O'Neal and Leo O'Neal v. Cheyenne River Sioux TribeCourt of Appeals for the Eighth Circuit · 1973
  3. United States ex rel. Cobell v. CobellCourt of Appeals for the Ninth Circuit · 1974
  4. Geraldine Janis v. Dick WilsonCourt of Appeals for the Eighth Circuit · 1975
  5. Rosebud Sioux Tribe of South Dakota v. Ed Driving HawkCourt of Appeals for the Eighth Circuit · 1976

3Cited by8 opinions

  1. Ernest SELAM, Plaintiff-Appellant, v. WARM SPRINGS TRIBAL CORRECTIONAL FACILITY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1998
  2. Demontiney v. United States ex rel. Department of InteriorCourt of Appeals for the Ninth Circuit · 2001
  3. Takes Gun v. Crow Tribe of IndiansDistrict Court, D. Montana · 1978
  4. Fortino Alvarez v. Randy TracyCourt of Appeals for the Ninth Circuit · 2014
  5. John Demontiney, D/B/A Earthwalker Engineering, Plaintiff-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 2001

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