In plaintiff’s case against the defendants for repudiating an agreement whereby defendant was to deliver diesel fuel and soybean oil to plaintiff’s refinery facility, dismissal of the suit for lack of subject matter jurisdiction is affirmed as the defendant, a federally chartered tribal corporation, enjoys tribal-sovereign immunity.   

Read Memphis Biofuels, LLC. v. Chicksaw Nation Indus., Inc., No. 08-6145

Appellate Information

Argued: October 6, 2009

Decided and Filed: November 4, 2009

Judges

Opinion by Circuit Judge Cole

Counsel

For Appellant:  John R. Branson, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC., Memphis, Tennessee.

For Appellee:  Donna Brown Jacobs, Butler, Snow, O’Mara, Stevens & Cannada, PLLC., Jackson, Mississippi.

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