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KIOWA TRIBE OF OKLA. v. MANUFACTURING TECHNOLOGIES, INC.

No. 96-1037.

523 U.S. 751 (1998)

KIOWA TRIBE OF OKLAHOMA v. MANUFACTURING TECHNOLOGIES, INC.

United States Supreme Court.

Decided May 26, 1998.

Attorney(s) appearing for the Case

R. Brown Wallace argued the cause for petitioner. With him on the briefs was Shelia D. Tims.

Edward C. DuMont argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and David C. Shilton.

John E. Patterson, Jr., argued the cause and filed a brief for respondent.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Souter, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Thomas and Ginsburg, JJ., joined, p. 760.

Justice Kennedy, delivered the opinion of the Court.

In this commercial suit against an Indian Tribe, the Oklahoma Court of Civil Appeals rejected the Tribe's claim of sovereign immunity. Our case law to date often recites the rule of tribal immunity from suit. While these precedents rest on early cases that assumed immunity without extensive reasoning, we adhere to these decisions and reverse the judgment.

I

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