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CONTOUR SPA v. SEMINOLE TRIBE OF FLORIDA

No. 11-11997.

692 F.3d 1200 (2012)

CONTOUR SPA AT THE HARD ROCK, INC., a Florida corporation, Plaintiff-Appellant, v. SEMINOLE TRIBE OF FLORIDA, a federally recognized Indian tribe, Mitchell Cypress, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 30, 2012.

Attorney(s) appearing for the Case

Bruce Stephen Rogow , Bruce S. Rogow, PA, Fort Lauderdale, FL, for Plaintiff-Appellant.

Donald Albert Orlovsky , Kamen & Orlovsky, PA, West Palm Beach, FL, for Defendant-Appellee.

Before MARCUS and BLACK, Circuit Judges, and EVANS, District Judge.

MARCUS, Circuit Judge:

This case arises out of a leasing agreement between Contour Spa ("Contour") and the Seminole Tribe of Florida ("the Tribe") that turned sour. Contour appeals from a district court order dismissing its Amended Complaint for lack of subject matter jurisdiction on account of the Tribe's sovereign immunity. Contour offers three reasons to avoid immunity: first, and most basic, Contour claims that the Tribe's removal of this case to federal court...

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