Opinion
No. 97-35822
Argued September 16, 1998 Submission deferred September 28, 1998 Resubmitted January 8, 1999
Decided August 19, 1999 Amended September 13, 1999 Second Amendment November 15, 1999
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding, D.C. No. CV-97-00082-DWM.
Prior report: 191 F.3d 1071
ORDER
The opinion filed August 19, 1999, amended September 13, 1999, is further amended as follows:
At slip opinion page 9461, lines 9-14, delete "the Supreme Court there affirmed . . . only if the Strate futility exception applies." Substitute "the Supreme Court there held that exhaustion was not required where it is evident that the tribal court lacks jurisdiction, not that the exhaustion requirement has been abolished altogether."
Page 9461, line 18, delete "Exhaustion, however, cannot be waived."
Page 9463, lines 9-13: delete "Generally speaking . . . been unnecessary."