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BAKER ELEC. CO-OP., INC. v. CHASKE

Nos. 93-1696, 93-1699, 93-1995 and 93-1701.

28 F.3d 1466 (1994)

BAKER ELECTRIC COOPERATIVE, INC., a North Dakota Rural Electric Cooperative Association, Appellant, v. Joseph CHASKE, member of the Devils Lake Sioux Tribe Tribal Utilities Commission; Myra Pearson, member of the Devils Lake Sioux Tribe Tribal Utilities Commission; Oliver Gord, Sr., member of the Devils Lake Sioux Tribe Tribal Utilities Commission; Dr. Merrill Berg; Harold McGowan, President and member of the Devils Lake Sioux Tribe Tribal Utilities Commission, Appellees. SHEYENNE VALLEY ELECTRIC COOPERATIVE, INC., Appellant, v. DEVILS LAKE SIOUX INDIAN TRIBE; Joseph Chaske; Myra Pearson; Oliver Gord, Sr.; Dr. Merrill Berg; Harold McGowan, President of the Devils Lake Sioux Tribe Tribal Utilities Commission, Appellees. DEVILS LAKE SIOUX INDIAN TRIBE, a federally recognized Indian tribe, Appellant, v. NORTH DAKOTA PUBLIC SERVICE COMMISSION; Leo M. Reinbold, as member of the North Dakota Public Service Commission; Dale V. Sandstrom, as member of the North Dakota Public Service Commission; Bruce Hagen, as member of the North Dakota Public Service Commission; State of North Dakota, Appellees. Otter Tail Power Company, Amicus Curiae. OTTER TAIL POWER COMPANY, a Minnesota corporation, Appellant, v. Bruce HAGEN, member of the North Dakota Public Service Commission; Leo M. Reinbold, member of the North Dakota Public Service Commission; Dale V. Sandstrom, member of the North Dakota Public Service Commission, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 1, 1994.

Attorney(s) appearing for the Case

Larry M. Baer, Cando, ND, argued, for appellant.

Mason Morisset, Seattle, WA, argued, for appellee.

Before McMILLIAN, WOLLMAN, and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

On appeal are four consolidated cases each relating to a dispute involving the rights to buy, sell, and regulate electric services on the Fort Totten Devils Lake Sioux Indian Reservation (Reservation). These appeals raise issues involving tribal sovereign immunity, the propriety of the district court's rescission of a temporary restraining order, and res judicata. We reverse and remand with instructions.

I. BACKGROUND

A. The...

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