NATIVE AMERICAN DISTRIB. v. SENECA-CAYUGA TOBACCO CO.

No. 07-5104.

546 F.3d 1288 (2008)

NATIVE AMERICAN DISTRIBUTING, a division of Flat Creek Cattle Co., Inc., a Missouri corporation; John Dilliner, an individual, Plaintiffs-Appellants, v. SENECA-CAYUGA TOBACCO COMPANY, an enterprise of the Seneca-Cayuga Tribe of Oklahoma; Leroy Howard, an individual; Floyd Lockamy, an individual; Richard Wood, and individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 17, 2008.


Attorney(s) appearing for the Case

Jonathan C. Neff, Jonathan Neff, P.C., Tulsa, OK, for Plaintiffs-Appellants.

Daniel D. Doyle, Spencer, Fane, Britt & Browne, St. Louis, MO, (James W. Tilly, The Tilly Law Firm, Tulsa, OK, on the brief) for Defendant-Appellee, Seneca-Cayuga Tobacco Company.

Scott B. Wood, Wood, Puhl & Wood, P.L.L.C., Tulsa, OK, for Defendants-Appellees, Leroy Howard, Floyd Lockamy and Richard Wood.

Before BRISCOE and GORSUCH, Circuit Judges, and PARKER, District Judge.


BRISCOE, Circuit Judge.

Plaintiffs Native American Distributing and John Dilliner filed suit in federal court against the Seneca-Cayuga Tobacco Company ("SCTC"), which is an enterprise of the Seneca-Cayuga Indian Tribe, and three individuals who had been officers of SCTC (the "Individual Defendants"). SCTC and the Individual Defendants moved to dismiss pursuant to Rule 12(b)(1), Fed.R.Civ.P., arguing that the doctrine of tribal sovereign immunity shielded them from...

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