DYE v. CHOCTAW CASINO OF POCOLA

No. 104,737.

230 P.3d 507 (2009)

2009 OK 52

Danny DYE and Pat Dye, Husband and Wife, Plaintiffs/Appellants, v. CHOCTAW CASINO OF POCOLA, Oklahoma, and The Choctaw Nation of Oklahoma, Defendants/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied April 12, 2010.


Attorney(s) appearing for the Case

Daniel W. Walker, Fort Smith, AR, for plaintiffs/appellants.

Robert Lee Rabon, Hugo, Oklahoma, Dennis W. Arrow, Oklahoma City, OK, for defendants/appellees.

Graydon Dean Luthey, Jr., Tulsa, Oklahoma, Diane Hammons, Tahlequah, OK, for Cherokee Nation and Cherokee Nation Businesses, LLC, amici curiae.

Deanna Hartley-Kelso, Debra Gee, Stephen H. Greetham, Jesse D. Green, Ada, OK, for Chickasaw Nation, amicus curiae.

William R. Norman, Jr., Kirke Kickingbird, Klint A. Cowan, Oklahoma City, OK, for Comanche Nation Gaming Corporation and Sac and Fox Nation Business Enterprises, Inc., amici curiae.

Larry A. Tawwater, Darren M. Tawwater, Rex Travis Paul Kouri, Oklahoma City, OK, for The Oklahoma Association for Justice, amicus curiae.


PER CURIAM.

¶ 1 One question is presented in this appeal: Is the state district court a court of competent jurisdiction as used in the gaming compact between the Choctaw Nation of Oklahoma and the State of Oklahoma such that the district court may exercise jurisdiction over this Indian-country arising negligence action filed by a casino patron against the Choctaw tribe and its casino? We answer in the affirmative.

¶ 2 The Choctaw Nation of Oklahoma...

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