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JIMI DEV. v. UTE MOUNTAIN UTE INDIAN TRIBE

Civil Action No. 95-D-2678.

930 F.Supp. 493 (1996)

JIMI DEVELOPMENT CORPORATION, a Delaware Corporation, a/k/a Jimi, Inc. and Jim Pierce, Plaintiffs, v. UTE MOUNTAIN UTE INDIAN TRIBE, Ute Mountain Gaming Commission, and Judy Knight-Frank individually, Defendants.

United States District Court, D. Colorado.

June 24, 1996.

Attorney(s) appearing for the Case

Russell B. Sanford, Allan S. Massey, Allen, Rogers, Metcalf & Vahrenwald, Ft. Collins, CO, W. Patrick Harman, The Harman Law Firm, P.C., Albuquerque, NM, Esteban A. Aguilar, Albuquerque, NM, for Plaintiffs.

Jeanne M. Rubin, Law Office of Jeanne M. Rubin, Denver, CO, Eric J. Stein, Cortez, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendants Ute Mountain Ute Indian Tribe and Ute Mountain Gaming Commission move to dismiss this action pursuant to Fed. R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. Defendant Judy Knight-Frank moves separately to dismiss for lack of subject matter jurisdiction. Her arguments track those of the Ute Tribe. I will refer to the defendants collectively as the Ute Tribe. The motion is fully briefed...

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