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UTE DISTRIBUTION CORP. v. UTE INDIAN TRIBE

No. 96-4194.

149 F.3d 1260 (1998)

UTE DISTRIBUTION CORPORATION, a Utah corporation, Plaintiff-Appellee, v. UTE INDIAN TRIBE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 29, 1998.

Attorney(s) appearing for the Case

Max D. Wheeler, Snow, Christensen & Martineau, Salt Lake City, Utah, (Camille N. Johnson, Snow, Christensen & Martineau, Salt Lake City, Utah, with him on the brief), for Plaintiff-Appellee.

Robert S. Thompson, III, Office of Legal Counsel, Ute Indian Tribe, Fort Duchesne, Utah, (Sandra Hansen, Office of Legal Counsel, Ute Indian Tribe, Fort Duchesne, Utah, Tod J. Smith, Whiteing & Smith, Boulder, Colorado, with him on the brief), for Defendant-Appellant.

Before BALDOCK, HOLLOWAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

The Ute Indian Tribe ("Tribe") appeals the district court's ruling that the Tribe's immunity was waived by the provisions of the Ute Partition and Termination Act of 1954 ("UPA") in suits concerning certain tribal assets jointly managed by the Tribal Business Committee and the Ute Distribution Corporation ("UDC"). Exercising jurisdiction pursuant to 28 U.S.C. § 1292, this court reverses.

I. BACKGROUND

The Ute Partition...

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