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DeFEO v. SKI APACHE RESORT

No. 16060.

904 P.2d 1065 (1995)

120 N.M. 640

Troy DeFEO, Plaintiff-Appellee, v. SKI APACHE RESORT, Apache Tribe of the Mescalero Reservation, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied October 19, 1995.

Attorney(s) appearing for the Case

Charles E. Hawthorne, Hawthorne & Hawthorne, P.A., Ruidoso, for Plaintiff-Appellee.

Joe L. McClaugherty, Jere K. Smith, McClaugherty, Silver & Downes, P.C., Santa Fe, for Defendants-Appellants.

OPINION

APODACA, Chief Judge.

1. Defendant Apache Tribe of the Mescalero Reservation (the Tribe) filed this interlocutory appeal from the trial court's denial of its motion to dismiss Plaintiff Troy DeFeo's (Plaintiff) complaint for lack of jurisdiction. Plaintiff, a non-Indian, sued the Tribe for personal injuries he sustained at Ski Apache Resort (the resort), a ski resort owned and operated by the Tribe. The resort is a single-business entity,...

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