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

No. 07-3269.

542 F.3d 224 (2008)

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

United States Court of Appeals, Eighth Circuit.

Filed: September 5, 2008.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr., argued, A. Russell Janklow, Shannon R. Falon, on the brief, Sioux Falls, SD, for appellant.

Peter Capossela, argued, Walterville, OR, Brett Lee Shelton, on the brief, Rapid City, SD, for appellee.

Before SMITH and GRUENDER, Circuit Judges, and ROSENBAUM, District Judge.

ROSENBAUM, District Judge.

C & W Enterprises, Inc., appeals from a United States District Court for the District of South Dakota order permanently enjoining the Second Judicial Circuit Court of South Dakota ("state court") from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction. We vacate the permanent injunction, and remand for further proceedings.

I. Background

A. The Oglala Sioux...

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