Spoklie

Spoklie v. State of Montana

Good Law
411 F.3d 1051
United States Court of Appeals for the Ninth CircuitJune 12, 200503-35857California4,226 words

Opinion

Opinion

Fletcher, J.

Appellants Kim J. and Cindy R. Kafka, Diamond K Ranch Enterprises L.L.C., Robert Spoklie, and Spoklie Enterprises L.L.C. challenge a Montana ballot initiative, Proposition 1-143, on federal and state constitutional grounds. We affirm the district court’s denial of a motion to stay proceedings in the federal court pursuant to Railroad Commission of Texas v. Pullman Co., 312 U.S. 496 , 61 S.Ct. 643 , 85 L.Ed. 971 (1941). We hold that the Kafkas’ claims against the State of Montana and the Montana Department of Fish, Wildlife and Parks are precluded by the final judgment previously entered in their parallel state court case. Finally, we affirm the district court’s dismissal of all remaining claims.

I. Background

Appellants Kim J. Kafka, Cindy R. Kafka, and Diamond K. Ranch Enterprises (collectively “the Kafkas”), and Robert Spoklie and Spoklie Enterprises (collectively “Spoklie”), formerly owned and operated “alternative livestock” ranches in Montana, on which they raised-elk, deer, bighorn sheep, mountain goats, and bison. Montana defines alternative livestock as “privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, or mountain goat[s]…

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