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MINER ELEC., INC. v. MUSCOGEE (CREEK) NATION

No. 06-5216.

505 F.3d 1007 (2007)

MINER ELECTRIC, INC.; Russell E. Miner, Plaintiffs-Appellees, v. MUSCOGEE (CREEK) NATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 19, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Shannon B. Cozzoni, Muscogee (Creek) Nation, Okmulgee, OK, for Defendant-Appellant.

Tony M. Graham, William F. Smith, Graham and Freeman, PLLC, Tulsa, OK, for Plaintiffs-Appellees.

Before PORFILIO, ANDERSON, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Miner Electric, Inc., and Russell E. Miner ("Miner parties") filed a complaint in federal district court against Muscogee (Creek) Nation ("Nation"), a federally-recognized Indian tribe. In their complaint, the Miner parties sought declaratory and injunctive relief related to a forfeiture order entered by the Nation's District Court ("Tribal Court"). The Nation moved to dismiss the complaint based upon its sovereign immunity. The district court...

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