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AMERICAN VANTAGE v. TABLE MOUNTAIN RANCHERIA

No. 00-17355.

292 F.3d 1091 (2002)

AMERICAN VANTAGE COMPANIES, INC., Plaintiff-Appellant, v. TABLE MOUNTAIN RANCHERIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2002.

As Amended on Denial of Rehearing July 29, 2002.

Attorney(s) appearing for the Case

Gregory S. Cavallo, Jeffer, Mangels, Butler & Marmaro, San Francisco, CA, for the plaintiff-appellant.

Paula M. Yost, Sonnenschein Nath & Rosenthal, San Francisco, CA, for the defendant-appellee.

Before: REINHARDT, MAGILL and FISHER, Circuit Judges.

FISHER, Circuit Judge.

We hold that an unincorporated Indian tribe such as appellee is not a "citizen" of a state within the meaning of the federal diversity statute, 28 U.S.C. § 1332(a)(1), and thus cannot sue or be sued in diversity. The district court's dismissal of this action for want of subject matter jurisdiction is affirmed.

FACTS AND PROCEDURAL BACKGROUND

Appellee Table Mountain Rancheria ("Table Mountain") is a federally recognized...

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