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AFFILIATED UTE CITIZENS v. UTE INDIAN TRIBE

No. 93-4007.

22 F.3d 254 (1994)

AFFILIATED UTE CITIZENS OF The STATE OF UTAH, Plaintiff-Appellee, v. UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION, a federal corporation, Defendant-Appellant, and Framk Arrowchis, Stewart Pike, Floyd Wopsock, Lester Chapoose, Leon Perank, and Maxine Natches, in their official capacity as Tribal Business Committee; Donald P. Hodel, in his official capacity as the Secretary of the Interior of the United States; Brent Ward, U.S. Attorney, United States District Attorney for the District of Utah, and their successors, agents, assigns and employees, Defendants, and Ute Distribution Corporation, Intervenor.

United States Court of Appeals, Tenth Circuit.

April 20, 1994.

Attorney(s) appearing for the Case

Robert S. Thompson, III (Tod J. Smith and Sandra Hansen with him on the briefs), Whiteing & Thompson, Boulder, CO, for appellant.

Kathryn Collard, Collard & Russell, Salt Lake City, UT (Steve Russell, Collard & Russell, Salt Lake City, UT, and Kent A. Higgins, Idaho Falls, ID, with her on the briefs), for appellees.

Max D. Wheeler (Camille N. Johnson with him on the brief), Snow, Christensen & Martineau, Salt Lake City, UT, for intervenor.

Before ANDERSON and McWILLIAMS, Circuit Judges, and SHADUR, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

The Ute Indian Tribe (defendant-appellant) appeals from a favorable judgment in the district court dismissing a suit against the Tribe on the grounds that the plaintiff (appellee), Affiliated Ute Citizens ("AUC"), lacked standing. Although it prevailed below, the Tribe challenges an unfavorable interlocutory order in which the district court held that the Tribe impliedly waived its sovereign immunity from actions like this one brought...

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