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Case Outcome May Help Determine Whether Tribal Plans Subject to Federal Law
The Durango Herald Link to more items from this source
Apr. 7, 2010
Excerpt: Congress said that in order to escape regulation by ERISA, most of the employees of an Indian tribe have to be doing governmental work, not the kinds of commercial enterprises run by the Southern Ute tribe. Dobbs, for example, worked as a geologist for the tribe's Red Willow Production Co. That will make it hard for the Dobbses to prove their case, said Tom Shipps, lawyer for the Southern Ute tribe. 'It seems it will be difficult, if not impossible, to conclude the benefit programs administered by the tribe meet that test,' Shipps said.

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