United States Tenth Circuit

Denial of plaintiff-Indian tribe's motion to dismiss defendants' counterclaims in a suit alleging that defendants and their predecessors in interest had caused environmental contamination on tribal lands as a result of their mining activities in the 1900s is affirmed since plaintiff waived its sovereign immunity as to defendants' counterclaims sounding in recoupment by filing suit.

Appellate Information

• Decided 02/23/2006
• Published 02/23/2006

Judges

• MURPHY, Circuit Judge., Before HENRY, McWILLIAMS and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stephen R. Ward (Shelley L. Carter, with him on the briefs), Conner & Winters, LLP, Tulsa, OK, for Plaintiff-Counter-Defendant-Appellant., Stanley D. Davis, Shook, Hardy & Bacon, LLP, Kansas City, MO (Kirk F. Marty, Rebecca J. Schwartz, Barbara M. Smith, Shook, Hardy & Bacon, LLP, Kansas City, MO;  Robert J. Joyce, Joyce, Paul & McDaniel, P.C., Tulsa, OK, with him on the brief), for Defendants-Counter-Claimants-Appellees.