Fort Belknap Indian Community v. Mazurek

Good Law
43 F.3d 428·94 Daily Journal DAR 17652·1994 U.S. App. LEXIS 35177·94 Cal. Daily Op. Serv. 9529
United States Court of Appeals for the Ninth CircuitDecember 16, 199493-36086California4,884 words

Opinion

Opinion

43 F.3d 428 The FORT BELKNAP INDIAN COMMUNITY OF the FORT BELKNAP INDIAN RESERVATION, Plaintiff-Appellee, v. Joseph P. MAZUREK, as Attorney General for the State of Montana; Donald A. Ranstrom, as County Attorney for Blaine County, Montana, Defendants-Appellants. No. 93-36086. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1994. Decided Dec. 16, 1994. Deanne L. Sandholm and Harley R. Harris, Asst. Attys. Gen., Helena, MT, for defendants-appellants. James L. Vogel, Vogel Law Office, Hardin, MT, for plaintiff-appellee. Appeal from the United States District Court for the District of Montana. Before: BEEZER and FERNANDEZ, Circuit Judges, and ORRICK, * Senior District Judge. BEEZER, Circuit Judge: 1 The State of Montana seeks enforcement of its liquor laws on Indian reservations. Joseph Mazurek, in his capacity as Attorney General for the State of Montana ("Montana"), appeals the district court's grant of summary judgment in favor of the Fort Belknap Indian Community of the Fort Belknap Indian Reservation ("Community") in a declaratory judgment action. Montana argues that the district court should have abstained from exercising its jurisdiction. Younger v.…

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