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STRATE v. A-1 CONTRACTORS

No. 95-1872.

520 U.S. 438 (1997)

117 S.Ct. 1404

137 L.Ed.2d 661

STRATE, ASSOCIATE TRIBAL JUDGE, TRIBAL COURT OF THE THREE AFFILIATED TRIBES OF THE FORT BERTHOLD INDIAN RESERVATION, et al. v. A-1 CONTRACTORS et al.

Supreme Court of United States.

Decided April 28, 1997.

Attorney(s) appearing for the Case

Melody L. McCoy argued the cause for petitioners. With her on the brief was Donald R. Wharton.

Jonathan E. Nuechterlein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and Edward J. Shawaker.

Patrick J. Ward argued the cause and filed a brief for respondents.*

Ginsburg, J., delivered the opinion for a unanimous Court.

Justice Ginsburg, delivered the opinion of the Court.

This case concerns the adjudicatory authority of tribal courts over personal injury actions against defendants who are not tribal members. Specifically, we confront this question: When an accident occurs on a portion of a public highway maintained by the State under a federally granted right-of-way over Indian reservation land, may tribal courts entertain a civil action...

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