No. 06-3480.

487 F.3d 1129 (2007)

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

United States Court of Appeals, Eighth Circuit.

Filed: June 11, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Peter Capossela, Walterville, Oregon. Also appearing on the brief was Brett Lee Shelton, Rapid City, South Dakota.

Counsel who presented argument on behalf of the appellee was Ronald A. Parsons, Jr., Sioux Falls, South Dakota. Also appearing on the brief were A. Russell Janklow and Shannon R. Falon, Sioux Falls, South Dakota.

Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

The Oglala Sioux Tribe (the tribe) filed this declaratory judgment action in federal district court. The district court1 concluded that it lacked subject matter jurisdiction and dismissed the action without prejudice. The tribe appeals from this dismissal. We affirm.


The tribe's department of transportation entered into four road contracts with C & W Enterprises (C & W). Three of these...

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