Luger v. Luger
Mary P. Swallow, Lisa S. Kampeska,
and Jeffrey Kurt Luger, Plaintiffs and Appellees
v.
Robert Luger and Raymond Luger, Defendants and Appellants
Judge Sonna M. Anderson
| Appellant: | Kelsch, Kelsch, Ruff & Kranda | |
| Appellee: | Larson Latham Huettl, LLP |
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
I. Whether North Dakota District Court has subject matter jurisdiction over Native Americans and a Native American Partnership located on Standing Rock Sioux Reservation?
II. Whether North Dakota District Court has personal jurisdiction over Defendants/Appellants, Native Americans residing on Standing Rock Sioux Reservation?
III. Whether the Judgment granted was for greater or different relief from that which was prayed for in Complaint?
IV. Whether Trial Court abused its discretion to deny a Motion to Vacate Default Judgment?
A) Motion for Relief from Judgment under N.D.R.Civ. P.60(b) is remedial in nature and hould be liberally construed and applied.
B) Decision Merits are preferable to those by default.
C) When timely relief is sought from Default Judgment and movant has meritorious defense, doubt, if any, should be resolved in favor of motion to set aside Judgment so case may be decided on its merits.
Appellee's Statement of the Issues:
I. Whether a North Dakota District Court has subject matter jurisdiction over a dispute between partners in a North Dakota partnership of nonmember Indians operating on and concerning the management of privately-owned fee land in Sioux County, North Dakota.
II. Whether a North Dakota District Court has personal jurisdiction over nonmember Indians residing within the boundaries of the reservation of a tribe of which they are not a member.
III. Whether the monetary Judgment granted against Appellants was appropriate.
IV. Whether the District Court properly denied Appellants' Motion to Vacate Default Judgment
Add Docket 20080194 RSS