Legal Opinion
Baker Electric Cooperative, Inc. v. Chaske
Court of Appeals for the Eighth Circuit
Decided July 1, 1994No. Nos. 93-1696, 93-1699, 93-1995 and 93-1701PublishedCited by 4 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
On appeal are four consolidated cases each relating to a dispute involving the rights to buy, sell, and regulate electric services on the Fort Totten Devils Lake Sioux Indian Reservation (Reservation). These appeals raise issues involving tribal sovereign immunity, the propriety of the district court’s rescission of a temporary restraining order, and res judicata. We reverse and remand with instructions.
I. BACKGROUND
A. The Parties
The parties to the dispute are: the Devils Lake Sioux Indian Tribe (the Tribe) and members of the Devils Lake Sioux Tribe Tribal Utilities…
2Cases cited27 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
- United States v. WheelerSupreme Court of the United States · 1978
- Montana v. United StatesSupreme Court of the United States · 1981
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3Cited by4 opinions
- Northern States Power Co. v. BugherWisconsin Supreme Court · 1995
- Procknow v. CurryDistrict Court, D. Minnesota · 2014
- Baker Electric Cooperative, Inc., a North Dakota Rural Electric Cooperative Association v. Joseph Chaske, Member of the Devils Lake Sioux Tribe Tribal Utilities Commission Myra Pearson, Member of the Devils Lake Sioux Tribe Tribal Utilities Commission Oliver Gord, Sr., Member of the Devils Lake Sioux Tribe Tribal Utilities Commission Dr. Merrill Berg Harold McGowan President and Member of the Devils Lake Sioux Tribe Tribal Utilities Commission, Sheyenne Valley Electric Cooperative, Inc. v. Devils Lake Sioux Indian Tribe Joseph Chaske Myra Pearson Oliver Gord, Sr. Dr. Merrill Berg Harold McGowan President of the Devils Lake Sioux Tribe Tribal Utilities Commission, Devils Lake Sioux Indian Tribe, a Federally Recognized Indian Tribe v. North Dakota Public Service Commission Leo M. Reinbold, as Member of the North Dakota Public Service Commission Dale v. Sandstrom, as Member of the North Dakota Public Service Commission Bruce Hagen, as Member of the North Dakota Public Service Commission State of North Dakota, Otter Tail Power Company, Amicus Curiae. Otter Tail Power Company, a Minnesota Corporation v. Bruce Hagen, Member of the North Dakota Public Service Commission Leo M. Reinbold, Member of the North Dakota Public Service Commission Dale v. Sandstrom, Member of the North Dakota Public Service CommissionCourt of Appeals for the Eighth Circuit · 1994
- Manlove v. County of San DiegoDistrict Court, S.D. California · 2024