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KRYSTAL ENERGY CO. v. NAVAJO NATION

No. 02-17047.

357 F.3d 1055 (2004)

KRYSTAL ENERGY COMPANY, Plaintiff-Appellant, v. NAVAJO NATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2004.

As Amended on Denial of Rehearing April 6, 2004.

Attorney(s) appearing for the Case

J. Kent MacKinlay, Warnock, MacKinlay & Associates, Mesa, Arizona, for the plaintiff-appellant.

Marcelino R. Gomez, Navajo Nation Department of Justice, Window Rock, Navajo Nation (Arizona), for the defendant-appellee.

Before LEAVY, PAEZ, and BERZON, Circuit Judges.

As Amended on Denial of Rehearing En Banc April 6, 2004.*

BERZON, Circuit Judge:

Appellant Krystal Energy Company ("Krystal") appeals the district court's dismissal of its adversary action under the Bankruptcy Code, 11 U.S.C. §§ 505 and 542, against the Navajo Nation, an Indian tribe. The district court based its dismissal on the Navajo Nation's sovereign immunity to suit in...

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