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CITY OF DULUTH v. FOND DU LAC BAND

No. A12-1324.

843 N.W.2d 577 (2014)

CITY OF DULUTH, Respondent, v. FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA, Appellant.

Supreme Court of Minnesota.

March 12, 2014.

Attorney(s) appearing for the Case

Gunnar B. Johnson , Duluth City Attorney, M. Alison Lutterman , Deputy City Attorney, Nathan N. LaCoursiere , Assistant City Attorney, Duluth, MN, for respondent.

Henry M. Buffalo Jr. , Buffalo Law Office, P.C., Hastings, MN; and Douglas B.L. Endreson , Donald J. Simon , Anne D. Noto , Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C., for appellant.

Mark A. Anderson , Jacobson, Magnuson, Anderson & Halloran, P.C., Saint Paul, MN, for amici curiae Bois Forte Band of Chippewa, Grand Portage Band of Lake Superior Chippewa, Lower Sioux Indian Community, Corporate Commission of the Mille Lacs Band of Ojibwe, and Prairie Island Indian Community.

OPINION

PAGE, Justice.

In April 2012, respondent City of Duluth (the City) commenced an action in state district court against appellant Fond du Lac Band of Lake Superior Chippewa (the Band), alleging breach of a 1986 contract and seeking injunctive relief. The district court dismissed the lawsuit after concluding that it lacked subject matter jurisdiction because the Band had only consented to suit in federal...

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