Appellant Brief - Turtle Talk

Strate v. A-1 Contractors, 520 U.S. 438 (1997)
Montana v. United States, 450 U.S. 544 (1981)
Kleinheider v. Phillips Pipe Line Co., 528 F.2d 837 (8th Cir. 1975)
2. Whether the District Court erred in denying Appellant Tribal Court’s motion
for discovery under Fed. R. Civ. P. 56(f), and instead granting Appellees’
Motion for Summary Judgment, where the Tribal Court had not, under the
unusual procedural circumstances of the interrelated tribal and federal cases.
had an adequate opportunity to conduct discovery on the right-of-way at
issue, the State’s treatment of the Red Lake Reservation generally, the
course of performance of the parties to that right-of-way since its alleged
inception, the Appellees’ use of that right-of-way, and related matters.
Fed. R. Civ. P. 56(f)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)
Robinson v. Terex Corp., 439 F.3d 465 (8th Cir. 2006)
3. Whether the District Court erred in holding that a valid right-of-way is in
force, and cannot be challenged, for the site on which the accident occurred
where, among other inadequacies, the State of Minnesota failed to
“expressly agree[]” to all five stipulations required by regulation for an
Indian land right-of-way application.
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