CHANCE v. COQUILLE INDIAN TRIBE

CC 97 CV 0913; SC S44773.

963 P.2d 638 (1998)

327 Or. 318

Don CHANCE, Plaintiff-Adverse Party, v. COQUILLE INDIAN TRIBE and Coquille Economic Development Corporation, Defendants-Relators.

Supreme Court of Oregon.

Decided July 16, 1998.


Attorney(s) appearing for the Case

Lea Ann Easton, Native American Program, Oregon Legal Services, Portland, argued the cause for Defendants-Relators Coquille Indian Tribe and Coquille Economic Development Corporation. With her on the brief were Lori Irish Bauman and Daniel H. Skerritt, of Ater Wyne Hewitt Dobson & Skerritt, LLP.

Steve Wilgers, Coos Bay, argued the cause and filed the brief for Plaintiff-Adverse Party.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI and LEESON, JJ.


GILLETTE, Justice.

In this contract action, an Indian tribe and a management corporation established by that tribe seek a writ of mandamus directing the dismissal of a former employee's contract action against them. They argue that they are immune from the action under the doctrine of tribal sovereign immunity, that they did not waive that immunity with respect to the contract at issue, that the circuit court erroneously denied their motion to dismiss, and that, unless...

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