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Because the pleadings were insufficient to establish federal jurisdiction, the Court of Appeals did not decide petitioners' due process and equal protection claims on the merits. A remand is required on those two claims.
The court below did not abuse its discretion in granting attorney fees, notwithstanding the fact that the award of fees was different from the amount of fees that was requested by petitioners, because the district court, in reducing the compensable amount of fees, had relied on its findings and legal analysis on the merits. See 12-341.01(C).
4. Neither the Tribe's sovereign immunity from suit nor the Act's ban on suits based on an alleged neglect or refusal to enforce tribal law or Tribal Constitution may be regarded as divesting this Court of the responsibility for a determination of the jurisdiction of the Indian tribal courts for the purpose of suit. The appropriate petition for such a determination is a writ of habeas corpus, since a federal court must first ascertain its own jurisdiction before the scope and effect of its decree may be reviewed and adjudged. Pp. 493-501.
5. The Court of Appeals erred in reversing its prior decision regarding petitioners' due process and equal protection claims on jurisdictional grounds. Pp. 495-501. Although the majority correctly held that tribal sovereignty was not at issue in this case, the majority erred in construing the immunity from suit, conferred by 25 U.S.C. 1302, in the broadest terms. That provision shields Indian tribes, their property, and their members from suits on contracts.
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