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ENTERPRISE MGT. CONSULTANTS v. U.S. EX REL. HODEL

Nos. 88-2151, 88-2231.

883 F.2d 890 (1989)

ENTERPRISE MANAGEMENT CONSULTANTS, INC., Plaintiff-Appellant, Cross-Appellee. v. UNITED STATES of America ex rel. Donald HODEL, Secretary of the Interior; United States of America ex rel. Ross Swimmer, Assistant Secretary — Indian Affairs, United States Department of Interior, Defendants-Appellees, United States of America, ex rel. Citizen Band Potawatomi Indian Tribe of Oklahoma, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

August 28, 1989.

Attorney(s) appearing for the Case

Randy Dean Witzke (David W. Edmonds, with him on the briefs) of Edmonds, Cole, Hargrave & Givens, Oklahoma City, Okl., for plaintiff-appellant, cross-appellee.

Dirk D. Snel, Atty. for Dept. of Justice, Washington, D.C. (Roger J. Marzulla, Asst. Atty. Gen., William Price, U.S. Atty., Eleanor Darden Thompson, Asst. U.S. Atty., Oklahoma City, Okl., Martin W. Matzen and Thomas H. Pacheco, Attys., Dept. of Justice, Washington, D.C., with him on the brief), for Federal defendants-appellees.

Michael Minnis (David McCullough, with him on the briefs), of Michael Minnis & Associates, P.C., Oklahoma City, Okl., for Citizen Band Potawatomi Indian Tribe of Oklahoma, defendant-appellee, cross-appellant.

Before LOGAN, McWILLIAMS and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Enterprise Management Consultants, Inc. (EMCI) brought this suit against the Citizen Band Potawatomi Tribe of Oklahoma (Tribe) and officials of the United States Department of Interior. The district court granted the Tribe's motion to dismiss on the basis of sovereign immunity, but denied the Tribe's motion for sanctions under Fed.R.Civ.P. 11. The court also concluded that it had no jurisdiction over the suit against the federal officials....

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