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MEMPHIS BIOFUELS v. CHICKASAW NATION INDUSTRIES

No. 08-6145.

585 F.3d 917 (2009)

MEMPHIS BIOFUELS, LLC, Plaintiff-Appellant, v. CHICKASAW NATION INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 4, 2009.

Attorney(s) appearing for the Case

ON BRIEF: John R. Branson, BAKER, Donelson, Bearman, Caldwell & Berkowitz, P.C., Memphis, Tennessee, for Appellant. Donna Brown Jacobs, Butler, Snow, O'Mara, Stevens & Cannada, PLLC, Jackson, Mississippi, Randall Dean Noel, Daniel Warren Van Horn, Butler, Snow, O'Mara, Stevens & Cannada, PLLC, Memphis, Tennessee, for Appellee.

Before: MARTIN, COLE, and KETHLEDGE, Circuit Judges.

OPINION

COLE, Circuit Judge.

Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.

I. BACKGROUND

Memphis Biofuels, LLC ("MBF") is a biodiesel refining company incorporated in Delaware...

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