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.
Argued: October 6, 2009
Decided and Filed: November 4, 2009
Opinion by Circuit Judge Cole
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.