Legal Opinion
Calumet Gaming Group-Kansas, Inc. v. Kickapoo Tribe of Kansas
District Court, D. Kansas
Decided October 9, 1997No. 97-2434-JWLPublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
LUNGSTRUM, District Judge.
This matter is presently before the court on a motion by defendant The Kickapoo Tribe of Kansas (the Tribe) to dismiss for lack of subject matter jurisdiction or for failure to exhaust tribal remedies (Doc. 8). The court concludes that it does have federal question jurisdiction over the action, but that comity requires plaintiff to exhaust its remedies in the Tribal Court system. The court also concludes that this action should therefore be stayed and not dismissed. Accordingly, the court denies the motion, but the court stays further proceedings…
2Cases cited33 opinions
- Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
- Granberry v. GreerSupreme Court of the United States · 1987
- Raymond J. Van Skiver Alma L. Van Skiver v. United States of America and John DoesCourt of Appeals for the Tenth Circuit · 1992
- National Farmers Union Insurance v. Crow Tribe of IndiansSupreme Court of the United States · 1985
- Reuben J. Katz, on Behalf of Himself and All Others Similarly Situated v. Carte Blanche CorporationCourt of Appeals for the Third Circuit · 1974
28 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ninigret Development Corp. v. Narragansett Indian Wetuomuck Housing AuthorityCourt of Appeals for the First Circuit · 2000
- American Vantage Companies, Inc. v. Table Mountain RancheriaCourt of Appeals for the Ninth Circuit · 2002
- First American Kickapoo Operations, L.L.C., a Nevada Limited Liability Company v. Multimedia Games, Inc.Court of Appeals for the First Circuit · 2005
- Hartman v. Kickapoo Tribe Gaming CommissionDistrict Court, D. Kansas · 2001
- American Vantage Co. v. Table Mountain RancheriaCalifornia Court of Appeal · 2002
11 more not listed; retrieve them via the Exa API.