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COSSEY v. CHEROKEE NATION ENTERPRISES, LLC

No. 105,300.

212 P.3d 447 (2009)

2009 OK 6

Loyman COSSEY, Plaintiff/Respondent, v. CHEROKEE NATION ENTERPRISES, LLC, formerly known as Cherokee Nation Enterprises, Inc., and Cherokee Nation Enterprises, Defendant/Petitioner.

Supreme Court of Oklahoma.

Rehearing Denied June 11, 2009.

Attorney(s) appearing for the Case

Darren M. Tawwater, Larry A. Tawwater, Oklahoma City, OK, for Plaintiff/Respondent.

Stratton Taylor, Bradley Harold Mallett, Mark Harrison Ramsey, Claremore, OK, for Defendant/Petitioner.

Robert L. Rabon, Hugo, OK, for the Choctaw Nation as Amicus Curiae.

Deanna Hartley-Kelso, Chickasaw Nation Attorney General, and Stephen H. Greetham, Chickasaw Nation Division of Commerce, Ada, OK, for the Chickasaw Nation as Amicus Curiae.

OPINION

WATT, J.:

¶ 1 We are asked to determine whether the District Court of Rogers County, Oklahoma (state court), is a "court of competent jurisdiction" as that term is used in the "Tribal Gaming Compact Between the Cherokee Nation and the State of Oklahoma" (the Compact), executed on November 16, 2004. The Compact is based on the Model Tribal Gaming Compact, 3A O.S. Supp.2004 § 281, which is part of...

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