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MENDOZA v. TAMAYA ENTERPRISES, INC.

No. 32,447.

258 P.3d 1050 (2011)

2011-NMSC-030

Gina MENDOZA, as personal representative under the Wrongful Death Act of Michael Mendoza, deceased, and F. Michael Hart, as personal representative under the Wrongful Death Act of Desiree Mendoza, deceased, Plaintiffs-Respondents, v. TAMAYA ENTERPRISES, INC., a federally chartered corporation, d/b/a Santa Ana Star Casino, Defendant-Petitioner.

Supreme Court of New Mexico.

June 27, 2011.

Attorney(s) appearing for the Case

Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, L.L.P., Richard W. Hughes , Donna M. Connolly , Santa Fe, NM, for Petitioner.

Plotsky & Dougherty, P.C., David L. Plotsky , Toulouse & Associates, P.A., Charlotte Mary Toulouse , Albuquerque, NM, for Respondents.

OPINION

MAES, Justice.

{1} In this appeal we first address the question of state court jurisdiction in a dram shop action brought under the Tribal-State Class III Gaming Compact (the Compact), negotiated between the State of New Mexico and the Pueblo of Santa Ana pursuant to the Indian Gaming Regulatory Act of 1988, 25 U.S.C. §§ 2701-2721 (2006). There is an apparent conflict between Section...

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