Legal Opinion

Oglala Sioux Tribe v. C & W Enterprises, Inc.

Court of Appeals for the Eighth Circuit

Decided June 11, 2007No. 06-3480PublishedCited by 20 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

The Oglala Sioux Tribe (the tribe) filed this declaratory judgment action in federal district court. The district court 1 concluded that it lacked subject matter jurisdiction and dismissed the action without prejudice. The tribe appeals from this dismissal. We affirm.

I

The tribe’s department of transportation entered into four road contracts with C & W Enterprises (C & W). Three of these contracts contain arbitration clauses. The terms of the fourth contract, the “Base and Blotter Project” contract, require that disputes on that contract be resolved in tribal court. The…

2Cases cited8 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  4. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  5. Vicky Hagen Colin L. Harris v. Sisseton-Wahpeton Community CollegeCourt of Appeals for the Eighth Circuit · 2000

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3Cited by20 opinions

  1. Oglala Sioux Tribe v. C & W ENTERPRISES, INC.Court of Appeals for the Eighth Circuit · 2008
  2. CASH ADVANCE & PREF. CASH LOANS v. StateSupreme Court of Colorado · 2010
  3. Oneida Indian Nation v. PhillipsCourt of Appeals for the Second Circuit · 2020
  4. Colombe v. Rosebud Sioux TribeDistrict Court, D. South Dakota · 2011
  5. Johnson v. WELSH EQUIPMENT, INC.District Court, D. Minnesota · 2007

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