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AUTO-OWNERS INS. v. TRIBAL COURT OF SPIRIT LAKE

No. 06-3562.

495 F.3d 1017 (2007)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff/Appellee, v. The TRIBAL COURT OF the SPIRIT LAKE INDIAN RESERVATION; Devils Lake Sioux Tribal Education Board, doing business as Four Winds Elementary School; Fort Totten Public School District, Defendants, Tate Topa Tribal Education Board, also known as Spirit Lake Sioux Tribal Education Board, Defendant/Appellant, Four Winds High School, Defendant, Tate Topa Tribal School, also known as Four Winds Elementary School, Defendant/Appellant, Vivian Lohnes, as Court-Appointed Custodian and Guardian of her Minor Granddaughter, Mary DeLorme, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Todd M. Roen, Minneapolis, MN. Also appearing on the brief for appellant was Andrew M. Small Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Joel M. Fremstad, Fargo, ND. Also appearing on the brief for appellee was William P. Harrie, Fargo, ND.

Before BYE, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Auto-Owners Insurance Company ("Auto Owners") filed a declaratory judgment action against its insureds, the Tate Topa Tribal Education Board and the Tate Topa Tribal School (collectively "Tate Topa"), in light of potential coverage claims. Tate Topa moved to dismiss the suit, contending that the action was barred by sovereign immunity, which it enjoyed as an entity of the Spirit Lake Sioux Tribe. Tate Topa now appeals the district court's order...

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