CALUMET GAMING GROUP-KANSAS, INC. v. KICKAPOO TRIBE

No. 97-2434-JWL.

987 F.Supp. 1321 (1997)

CALUMET GAMING GROUP-KANSAS, INC., Plaintiff, v. THE KICKAPOO TRIBE OF KANSAS, and Peter Beekman, Defendants and Kansas State Bank, Garnishee Defendant.

United States District Court, D. Kansas.

Reconsideration Denied January 7, 1998.


Attorney(s) appearing for the Case

Marc E. Elkins, Morrison & Hecker, L.L.P., Kansas City, MO, Kent Sullivan, Morrison & Hecker, L.L.P., Overland Park, KS, James R. Nelson, Michael H. Collins, Locke, Purnell, Rain & Harrell, Dallas, TX, for Plaintiff.

Todd Ruskamp, Joseph G. Matye, Shook, Hardy & Bacon, L.L.P., Kansas City, MO, James W. Merz, Merz & Stacy, Oklahoma City, OK, Mario Gonzalez, Horton, KS, for Defendants.

John L. Weingart, Finley, Miller, Cashman, Weingart, Schmitt & Hill, Hiawatha, KS, for Garnishee Defendant.


MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This matter is presently before the court on a motion by defendant The Kickapoo Tribe of Kansas (the Tribe) to dismiss for lack of subject matter jurisdiction or for failure to exhaust tribal remedies (Doc. 8). The court concludes that it does have federal question jurisdiction over the action, but that comity requires plaintiff to exhaust its remedies in the Tribal Court system. The court also concludes...

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