Legal Opinion
Native American Distributing v. Seneca-Cayuga Tobacco Co.
Court of Appeals for the Tenth Circuit
Decided November 17, 2008No. 07-5104PublishedCited by 71 opinions
1Opinion of the Court
BRISCOE, Circuit Judge.
Plaintiffs Native American Distributing and John Dilliner filed suit in federal court against the Seneca-Cayuga Tobacco Company (“SCTC”), which is an enterprise of the Seneca-Cayuga Indian Tribe, and three individuals who had been officers of SCTC (the “Individual Defendants”). SCTC and the Individual Defendants moved to dismiss pursuant to Rule 12(b)(1), Fed.R.Civ.P., arguing that the doctrine of tribal sovereign immunity shielded them from suit. The district court granted the defendants’ motions and dismissed all claims with prejudice, and the plaintiffs now appeal.…
2Cases cited27 opinions
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