Twin City Const. Co. of Fargo v. Turtle Mountain Band of Chippewa Indians Through LaFromboise, No. 89-5439

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore MAGILL and BEAM; BEAM
Citation911 F.2d 137
PartiesTWIN CITY CONSTRUCTION CO. OF FARGO, and United States Fidelity and Guaranty Company, Appellees, v. TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS through its Chairman, Richard LaFROMBOISE; The Tribal Council of the Turtle Mountain Band of Chippewa Indians, through its Chairman, Richard LaFromboise; The Turtle Mountain Tribal Court, Beverly May in her official capacity as Judge of the Turtle Mountain Tribal Court; Ernest V. Parisien, and Ernest V. Parisien, d/b/a Parisien Excavation, Appellant.
Decision Date13 August 1990
Docket NumberNo. 89-5439

Page 137

911 F.2d 137
17 Fed.R.Serv.3d 706
TWIN CITY CONSTRUCTION CO. OF FARGO, and United States
Fidelity and Guaranty Company, Appellees,
v.
TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS through its
Chairman, Richard LaFROMBOISE; The Tribal Council of the
Turtle Mountain Band of Chippewa Indians, through its
Chairman, Richard LaFromboise; The Turtle Mountain Tribal
Court, Beverly May in her official capacity as Judge of the
Turtle Mountain Tribal Court;
Ernest V. Parisien, and Ernest V. Parisien, d/b/a Parisien
Excavation, Appellant.
No. 89-5439.
United States Court of Appeals,
Eighth Circuit.
Submitted June 12, 1990.
Decided Aug. 13, 1990.

Page 138

Melody L. McCoy, Boulder, Colo., for appellant.

Maureen Holman, Fargo, N.D., for appellees.

Before MAGILL and BEAM, Circuit Judges and LARSON, * Senior United States District Judge.

BEAM, Circuit Judge.

This much-litigated but never-tried case comes to us on appeal from the district court's denial of Ernest V. Parisien's motion under Fed.R.Civ.P. 59(e) to alter or amend the district court's judgment. By so ruling, the district court refused to entirely dissolve an injunction which prohibits Parisien from proceeding with a case--pending in tribal court--he initiated several years ago against Twin City Construction Company. Because we conclude that the district court abused its discretion in refusing to grant the Rule 59(e) motion, we reverse and remand.

In 1984, Parisien, an enrolled member of the Turtle Mountain Band of Chippewa Indians in North Dakota, filed a civil action against Twin City in tribal court. The action arose out of a dispute between Parisien, acting as a subcontractor, and Twin City, the general contractor on a contract with the Bureau of Indian Affairs to build a school on the Turtle Mountain Reservation. Sometime in 1982, Twin City became unhappy with Parisien's progress under the subcontract, while Parisien thought that Twin City's payments to him were untimely. In November of 1982, Parisien notified Twin City that he was suspending his work on the contract until spring due to extreme cold. Twin City responded by contracting with another party to perform Parisien's work. Parisien's tribal court action sought payment for work already performed and other damages.

Initially, the Turtle Mountain Tribal Court held that it lacked jurisdiction over Twin City. The Turtle Mountain Tribal Code in effect at the time provided that the

Tribal Court shall have civil jurisdiction over non-Indians in any particular case where they submit themselves to the jurisdiction of the Court by instituting an action against an Indian and filing cash bond in the amount of the damages asked, or by submitting himself [sic] to the Court's jurisdiction.

Turtle Mountain Trib.Code tit. 2, Sec. 2.0102(1) (1976). The tribal court found that Twin City had not submitted itself to tribal jurisdiction. The tribal appellate court, however, found that there was jurisdiction, and remanded the matter to the tribal court for disposition on the merits.

Twin City then filed a civil action in federal district court, seeking declaratory and injunctive relief prohibiting Parisien from proceeding in tribal court. The district court entered judgment in favor of Twin City, finding that Twin City did not submit itself to tribal jurisdiction within the meaning of the tribal code. On...

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27 practice notes
  • DeWit v. Firstar Corp., No. C 94-4052.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • August 29, 1995
    ...Concordia College Corp., 999 F.2d at 330; Twin City Constr. Co. of Fargo v. Turtle Mountain Band of Chippewa Indians Through LaFromboise, 911 F.2d 137, 139 (8th Cir.1990); Hagerman, 839 F.2d at 413; Roudybush v. Zabel, 813 F.2d 173, 178 (8th Cir.1987); Harris v. Arkansas Dep't of Human Serv......
  • DePugh v. Smith, No. C 94-4030.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • March 22, 1995
    ...114 S.Ct. 926, 127 L.Ed.2d 218 (1994); Twin City Constr. Co. of Fargo v. Turtle Mountain Band of Chippewa Indians Through LaFromboise, 911 F.2d 137, 139 (8th Cir.1990); Hagerman v. Yukon Energy Corp., 839 F.2d 407, 413 (8th Cir.), cert. denied, 488 U.S. 820, 109 S.Ct. 63, 102 L.Ed.2d 40 (19......
  • Arkansas Blue Cross v. Little Rock Cardiology, No. 08-1442.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 7, 2009
    ...59(e) would allow formerly enjoined litigation to proceed. Twin City Constr. Co. of Fargo v. Turtle Mountain Band of Chippewa Indians, 911 F.2d 137, 139-40 (8th Because the district court could not effectuate, protect or enforce the dissolved provisions of the Prudential I injunction, Blue ......
  • Rouse v. Farmers State Bank of Jewell, Iowa, No. C C92-3055.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 29, 1994
    ...Cir.1992), but the trial court should state reasons for its denial of a motion to amend. See Twin City Const. v. Turtle Mountain Indians, 911 F.2d 137, 139 (8th Cir.1990) (refusal to state reasons for denial suggests abuse of discretion); Thompson-El v. Jones, 876 F.2d 66, 67 n. 3 (8th Cir.......
  • Request a trial to view additional results
27 cases
  • DeWit v. Firstar Corp., No. C 94-4052.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • August 29, 1995
    ...Concordia College Corp., 999 F.2d at 330; Twin City Constr. Co. of Fargo v. Turtle Mountain Band of Chippewa Indians Through LaFromboise, 911 F.2d 137, 139 (8th Cir.1990); Hagerman, 839 F.2d at 413; Roudybush v. Zabel, 813 F.2d 173, 178 (8th Cir.1987); Harris v. Arkansas Dep't of Human Serv......
  • DePugh v. Smith, No. C 94-4030.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • March 22, 1995
    ...114 S.Ct. 926, 127 L.Ed.2d 218 (1994); Twin City Constr. Co. of Fargo v. Turtle Mountain Band of Chippewa Indians Through LaFromboise, 911 F.2d 137, 139 (8th Cir.1990); Hagerman v. Yukon Energy Corp., 839 F.2d 407, 413 (8th Cir.), cert. denied, 488 U.S. 820, 109 S.Ct. 63, 102 L.Ed.2d 40 (19......
  • Arkansas Blue Cross v. Little Rock Cardiology, No. 08-1442.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 7, 2009
    ...59(e) would allow formerly enjoined litigation to proceed. Twin City Constr. Co. of Fargo v. Turtle Mountain Band of Chippewa Indians, 911 F.2d 137, 139-40 (8th Because the district court could not effectuate, protect or enforce the dissolved provisions of the Prudential I injunction, Blue ......
  • Rouse v. Farmers State Bank of Jewell, Iowa, No. C C92-3055.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 29, 1994
    ...Cir.1992), but the trial court should state reasons for its denial of a motion to amend. See Twin City Const. v. Turtle Mountain Indians, 911 F.2d 137, 139 (8th Cir.1990) (refusal to state reasons for denial suggests abuse of discretion); Thompson-El v. Jones, 876 F.2d 66, 67 n. 3 (8th Cir.......
  • Request a trial to view additional results

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