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OGLALA SIOUX TRIBE v. C & W ENTERPRISES, INC.

No. CIV. 07-5024-KES.

516 F.Supp.2d 1039 (2007)

OGLALA SIOUX TRIBE, Plaintiff, v. C & W ENTERPRISES, INC., Defendant.

United States District Court, D. South Dakota, Western Division.

August 13, 2007.

Attorney(s) appearing for the Case

Brett Lee Shelton, Brett Lee Shelton Law Office, Prof., LLC, Rapid City, SD, Peter Capossela, Walterville, OR, for Plaintiff.

A. Russell Janklow, Ronald A. Parsons, Jr., Shannon Falon, Johnson, Heidepriem, Janklow, Abdallah & Johnson, LLP, Sioux Falls, SD, for Defendant.

ORDER DENYING MOTION TO DISMISS

KAREN E. SCHREIER, Chief Judge.

Plaintiff, Oglala Sioux Tribe (OST), filed a complaint against defendant, C & W Enterprises, Inc. (C & W), seeking injunctive and declaratory relief, as well as seeking to vacate the order of the arbitrator. C & W moves the court to dismiss the complaint for lack of subject matter jurisdiction. The motion is denied.

BACKGROUND

OST, an Indian tribe recognized by...

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