DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

033702P.pdf   10/21/2004  Leonard Prescott  v.  Little Six, Inc.
   U.S. Court of Appeals Case No:  03-3702
   District of Minnesota   
   Civil Case - Indian Law. Executives of tribal corporation sought 
   employee benefits. District court's denial of motion to dismiss claims are 
   appealable under the collateral order doctrine as they involve claims of 
   tribal immunity and other claims are inextricably intertwined with 
   immunity questions. The district court erred in not deferring to the tribal 
   appeals court determination that no benefit plans were created. Legal 
   status of plan is governed by tribal law, tribal court found benefits plans 
   were not created and thus ERISA liability could not arise. Tribal court 
   did not commit clear error in these findings. District court's order 
   denying dismissal is reversed. [PUBLISHED] [Bowman, Author, with 
   Heaney and Wollman, Circuit Judges]