Legal Opinion · Dissent

Carl E. Gungoll Exploration Joint Venture v. Kiowa Tribe of Oklahoma

Supreme Court of Oklahoma

Decided December 22, 1998No. 87,031, 87,032Published

1Dissent

ALMA WILSON, J.,

with whom OPALA, J., joins, dissenting:

¶ 1 The rule of stare decisis1 obligates the Oklahoma courts to follow Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751, 118 S.Ct. 1700, 140 L.Ed.2d 981 (1998). In its pronouncement, Manufacturing Technologies recognized that the doctrine of tribal immunity is tenuous,2 hence every precaution against an expansive application of its ruling should be taken.3 Accordingly, I respectfully dissent to today’s overreaching application of Manufacturing Technologies.

I

THIS APPEAL SHOULD BE DISMISSED FOR LACK OF AN APPEALABLE…

2Cases cited16 opinions

  1. State Oil Co. v. KhanSupreme Court of the United States · 1997
  2. Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991
  3. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
  4. Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.Supreme Court of the United States · 1998
  5. Puyallup Tribe, Inc. v. Department of Game of WashingtonSupreme Court of the United States · 1977

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