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GERBER v. EASTMAN

No. A03-811.

673 N.W.2d 854 (2004)

Roy E. GERBER, Respondent, v. Phyllis EASTMAN, Appellant.

Court of Appeals of Minnesota.

January 20, 2004.

Attorney(s) appearing for the Case

Amber Ahola, Anishinabe Legal Services, Inc., Red Lake, MN, for appellant.

Ronald S. Cayko, Fuller, Wallner, Cayko & Pederson, Ltd., Bemidji, MN, for respondent.

Considered and decided by SCHUMACHER, Presiding Judge; RANDALL, Judge; and SHUMAKER, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

On appeal in this custody dispute between appellant-Indian-custodialgrandmother and respondent-non-Indian-father, grandmother challenges the district court's determinations that (1) the Indian Child Welfare Act does not apply where a non-Indian father seeks permanent custody of his biological child; (2) the district court has continuing, exclusive jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement...

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