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HOLGUIN v. YSLETA DEL SUR PUEBLO

No. 08-96-00124-CV.

954 S.W.2d 843 (1997)

Linda HOLGUIN, as Next Friend of Jaji Rubio, a Minor, Individually and as Next of Kin to Rosa Sifuentes, Deceased, Appellant, v. YSLETA DEL SUR PUEBLO, Appellee.

Court of Appeals of Texas, El Paso.

Rehearings Overruled November 19, 1997.

Attorney(s) appearing for the Case

Woodrow W. Bean, II, El Paso, for appellant.

Kurt Paxson, Steven L. Hughes, Mounce, Green, Myers, Safi & Galatzan, El Paso, for appellee.

Before LARSEN, McCLURE and CHEW, JJ.

OPINION

McCLURE, Justice.

In this case, we address a question unaddressed by any Texas appellate court or, for that matter, by another court in the United States: whether the immunity enjoyed by federally recognized Indian tribes serves to bar a private suit brought pursuant to a state dram shop act by the survivors of a person who became intoxicated at a tribal casino and was subsequently killed in an off-reservation automobile accident. We answer...

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