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ATWOOD v. FORT PECK TRIBAL COURT ASSINIBOINE

No. 06-35299.

513 F.3d 943 (2008)

Ross ATWOOD, Plaintiff-Appellant, v. FORT PECK TRIBAL COURT ASSINIBOINE and Sioux Tribes; and Linda L. Flynn Hanson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2008.

Attorney(s) appearing for the Case

J. Gregory Tomicich, Billings, MT, for plaintiff-appellant.

Ryan C. Rusche, Poplar, MT, and Carol C. Johns, Wolf Point, MT, for defendants-appellees.

Before: WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

GRABER, Circuit Judge:

This case involves a custody dispute concerning an Indian child, Lexie. After the untimely death of Lexie's mother, Lexie's maternal aunt, Defendant Linda L. Flynn Hanson, sought custody through Defendant Fort Peck Tribal Court ("Tribal Court"). The Tribal Court granted temporary custody to Lexie's maternal grandmother pending the outcome of the custody dispute. Lexie's non-Indian father, Plaintiff Ross Atwood, then brought this action in federal...

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