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EL PASO NATURAL GAS CO. v. NEZTSOSIE

No. 98-6.

526 U.S. 473 (1999)

119 S.Ct. 1430

143 L.Ed.2d 635

EL PASO NATURAL GAS CO. et al. v. NEZTSOSIE ET AL.

Supreme Court of United States.

Decided May 3, 1999.

Attorney(s) appearing for the Case

James R. Atwood argued the cause for petitioners. With him on the briefs were Richard A. Meserve, Lynn H. Slade, and Walter E. Stern.

Jonathan E. Nuechterlein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Martin W. Matzen, John D. Leshy, Mary Anne Sullivan, and John F. Cordes.

H. Bartow Farr III argued the cause for respondents. With him on the brief were Seth Richard Lesser, Max W. Berger, Louis C. Paul, Richard G. Taranto, Moshe Maimon, and Steven J. Phillips.*

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

Justice Souter, delivered the opinion of the Court.

The issue is whether the judicially created doctrine of tribal-court exhaustion, requiring a district court to stay its hand while a tribal court determines its own jurisdiction, should apply in this case, which if brought in a state court would be subject to removal. We think the exhaustion doctrine should not extend so far.

I

With the object of "encourag...

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