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BANK ONE, N.A. v. SHUMAKE

Nos. 01-60228 to 01-60238.

281 F.3d 507 (2002)

BANK ONE, N.A., Plaintiff-Appellant, v. Myra Mae SHUMAKE, Darlene Vaughn, Andia Williamson, Karren Sam, Virginia Willis, Willie Willis, Lavern Willis, Brainard Lewis, a/k/a Brianard Lewis, Robin Willis, Danita Willis; Kirby Willis, Dina Thomas and Rose Willis, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 15, 2002.

Attorney(s) appearing for the Case

William Hollis Leech, Mark Herndon Tyson, McGlinchey Stafford, Jackson, MS, Jonathan Standish Massey (argued), Washington, DC, for Bank One NA.

Carl Bryant Rogers (argued), Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, Sante Fe, NM, Brian Douglas Dover, Terry Leland Jordan, Jordan & Dover, Philadelphia, MS, Roman Ashley Shaul, Beasley, Allen, Crow, Methvin, Portis & Miles, Montgomery, AL, for Shumake.

Before KING, Chief Judge, and DAVIS and MAGILL, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Bank One challenges the district court's dismissal of its suit to compel arbitration. Bank One contends that the reasoning of the U.S. Supreme Court's decision in El Paso Natural Gas Co. v. Neztsosie1 requires us to conclude that the tribal exhaustion doctrine should not apply to suits to compel arbitration under the Federal Arbitration Act.2 For the reasons that follow...

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