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R & R DELI, INC. v. SANTA ANA STAR CASINO

No. 25,582.

128 P.3d 513 (2005)

139 N.M. 85

2006-NMCA-020

R & R DELI, INC., Plaintiff-Appellant, v. SANTA ANA STAR CASINO; Tamaya Enterprises, Inc.; the Pueblo of Santa Ana; Conrad Granito, General Manager of Santa Ana Star Casino; Aaron Armijo, Chairman of Tamaya Enterprises, Inc., and Leonard Armijo, Governor of Pueblo of Santa Ana, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied February 1, 2006.

Attorney(s) appearing for the Case

Chris Lucero, Jr., Albuquerque, for Appellant.

Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Richard W. Hughes, Santa Fe, for Appellees.

Certiorari Denied, No. 29,625, February 1, 2006.

OPINION

PICKARD, J.

{1} In this case, we determine whether limited waivers of tribal sovereign immunity in a commercial lease and in a pueblo's gaming compact with the State are applicable to a suit based in contract and tort brought by a lessee of property located on tribal lands. Holding the waivers inapplicable, we affirm the trial court's grant of Defendants' motion to dismiss.

STANDARD...

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