Appellant Brief - Turtle Talk

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CERTIFICATE OF COMPLIANCE WITH RULE 32(a) This brief complies with the type-volume limitation of Fed. R. App. P. 32(a)(7)(B) because this brief contains 13,977 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii). This brief complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type style requirements of Fed. R. App. P. 32(A)(6) because this brief has been prepared in a proportionally spaced typeface using WordPerfect 10 in 14 point font Times New Roman type style. 61
ADDENDUM Nord v. Kelly, et al., No. 05-1135, Mem. Op. and Order (DMN Jan. 1, 2007) Stipulation, Dep’t of Highways, State of Minnesota (n.d.) Declaration of Joseph McKinnon (May 5, 2006)
Page 1 and 2:
Chad Dennis Nord, Dennis Nord, d/b/
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CORPORATE DISCLOSURE STATEMENT Neit
Page 5 and 6:
Fact-Specific Application of the St
Page 7 and 8:
1. It is absurd to expect the Tribe
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Hwy. 7 Embers, Inc. v. NW Nat’l B
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Minn. Stat. § 97A.505, subd. 3b ..
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Strate v. A-1 Contractors, 520 U.S.
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that the Nords failed to establish
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Nords against further proceedings i
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Moreover, the District Court’s in
Page 21 and 22: At a minimum and contrary to the Di
Page 23 and 24: In Strate, the Supreme Court applie
Page 25 and 26: 1. While Strate Does Contain Facial
Page 27 and 28: limited right-of-way, like that all
Page 29 and 30: “such as this one.” Recall, how
Page 31 and 32: Here, the Tribal Court has requeste
Page 33 and 34: nature of such a “right-of-way”
Page 35 and 36: allowed to develop in discovery wou
Page 37 and 38: Perhaps more importantly, the State
Page 39 and 40: General Treatment by the State The
Page 41 and 42: Declaration makes apparent, the Sta
Page 43 and 44: tribal land. At the very least, the
Page 45 and 46: Accordingly, under the terms of any
Page 47 and 48: District Court incorrectly conclude
Page 49 and 50: Continue Hr’g, and for Contingent
Page 51 and 52: l. that the State and County law en
Page 53 and 54: A. Additional Discovery Would Have
Page 55 and 56: an errand to pick up hay for [his]
Page 57 and 58: In summary, there are a number of i
Page 59 and 60: 1. The State’s Application for th
Page 61 and 62: of these items renders the stipulat
Page 63 and 64: Section 256.7 requires that the sti
Page 65 and 66: 3. The Right-of-Way is Void Because
Page 67 and 68: their authority; and one who deals
Page 69 and 70: 2. Any State Reliance or Past Compe
Page 71: Court agrees with the District Cour
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Appellant Brief - Turtle Talk

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