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CALVELLO v. YANKTON SIOUX TRIBE

No. 20209.

584 N.W.2d 108 (1998)

1998 SD 107

James CALVELLO, Plaintiff and Appellant, v. YANKTON SIOUX TRIBE, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned May 11, 1998.

Decided September 9, 1998.

Attorney(s) appearing for the Case

A. Russell Janklow, Sioux Falls, for plaintiff and appellant.

James G. Abourezk of Abourezk Law Offices, Sioux Falls, for defendant and appellee.

KONENKAMP, Justice (on reassignment).

[¶ 1.] Today we must decide whether, in a contract dispute with one of its employees, an Indian Tribe waived its sovereign immunity in state court either by participating in arbitration or by virtue of its Tribal-State Gaming Compact. After the Tribe fired its gaming casino's general manager, the Tribal Chairman agreed to arbitrate the manager's claims, but because the Tribe's governing body had never consented to arbitrate...

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