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· 10/29/1993

Ronald Gaines v. Ski Apache, Formerly Known as Sierra Blanca, Formerly Known as Sierra Blanca Ski Enterprises

Citations

  • 8 F.3d 726
  • 1993 U.S. App. LEXIS 28031

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing the distinction between a tribe's governmental entity created under § 476 and a tribal business corporation formed under § 477
  • explaining that a “tribe may ... charter a corporation pursuant to its own tribal laws, and such a corporation will be considered a citizen of a state for purposes of diversity jurisdiction”
  • affirming lower court dismissal for lack of diversity jurisdiction when one party was owned and operated by the Mescalero Apache tribe as an unincorporated enterprise and therefore not an entity separate from the tribe
  • A corporation chartered under tribal law \may be considered a citizen of the state of its principal place of business for diversity jurisdiction purposes.\
  • “Both parties agree that an Indian tribe is not an unincorporated association.”
  • The Honorable Donald E. O’Brien, then C.J.

Source: CourtListener parenthetical corpus (CC0).

Judges: Logan, Brorby, Kane

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.