Legal Opinion

Oglala Sioux Tribe v. C & W ENTERPRISES, INC.

District Court, D. South Dakota

Decided September 10, 2007No. CIV. 07-5024-KESPublished

1Opinion of the Court

ORDER GRANTING INJUNCTION

KAREN E. SCHREIER, Chief Judge.

Plaintiff, Oglala Sioux Tribe (OST), moves this court to vacate the orders of execution entered against it on behalf of C & W Enterprises, Ine. (C & W) by the Second Judicial Circuit in South Dakota (state court). OST also moves the court to enjoin the state court from proceeding on the underlying litigation based upon a lack of subject matter jurisdiction. C & W opposes the motion.

BACKGROUND

OST, an Indian tribe recognized by the United States government, contracted with C & W, a South Dakota corporation that is Indian owned and…

2Cases cited20 opinions

  1. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
  4. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
  5. United States v. WheelerSupreme Court of the United States · 1978

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