PENOBSCOT INDIAN NATION v. KEY BANK OF MAINE

Nos. 96-1670 to 96-1672, 96-1736.

112 F.3d 538 (1997)

PENOBSCOT INDIAN NATION, Plaintiff, Appellee, v. KEY BANK OF MAINE, et al., Defendants, Appellees, John Palmer, Palmer Management Corporation, and Palmer Development Corporation, Appellants. PENOBSCOT INDIAN NATION, Plaintiff, Appellant, v. KEY BANK OF MAINE, et al., Defendants, Appellees. PENOBSCOT INDIAN NATION, Plaintiff, Appellee, v. KEY BANK OF MAINE, et al., Defendants, Appellees. John Schiavi, Appellant. PENOBSCOT INDIAN NATION, Plaintiff, Appellee, v. KEY BANK OF MAINE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 5, 1997.


Attorney(s) appearing for the Case

Peter J. Haley, with whom Stephen F. Gordon, Gordon & Wise, Boston, MA, Ronald C. Caron, and Caron & Sullivan, Biddeford, ME, were on brief for appellant Penobscot Indian Nation and third-party defendants-appellees, Gerald Pardilla and Reuben Phillips.

Catherine R. Connors, with whom Debra Brown and Pierce Atwood, Portland, ME, were on brief for appellee and cross-appellant Key Bank of Maine.

Justin W. Leary, with whom Leonard I. Sharon and Sharon, Leary & Detroy, Auburn, ME, were on brief for appellee Michael Marcello.

Stephen B. Wade with whom Skelton, Taintor & Abbott, Auburn, ME, was on brief for defendants-appellees and cross-appellants, John Palmer, Palmer Management Corp., and Palmer Development Corp.

Jeffrey A. Thaler with whom Berman & Simmons, P.A., Lewiston, ME, was on brief for defendant-appellee and cross-appellant, John Schiavi.

Melissa A. Hewey with whom Drummond Woodsum & MacMahon, Portland, ME, was on brief for appellees Consumers Water Company, Burlington Homes of New England, Inc., and SHC Corporation.

Before SELYA and STAHL, Circuit Judges, and WOODLOCK, District Judge.


STAHL, Circuit Judge.

Appellant, a federally-recognized Indian tribe, appeals the district court's denial of its motion for declaratory judgment, pursuant to 25 U.S.C. § 81, seeking to invalidate several agreements concerning the purchase and operation of a mobile home business. Appellees cross appeal the district court's summary judgment ruling in favor of Appellant on several defamation counterclaims as well as a breach of contract and emotional distress counterclaim...

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