Kiowa Tribe of Okla. v. Manufacturing Technologies, Inc., 523 U.S. 751, 3 (1998)

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Cite as: 523 U. S. 751 (1998)

Opinion of the Court

Justice Kennedy delivered the opinion of the Court.

In this commercial suit against an Indian Tribe, the Oklahoma Court of Civil Appeals rejected the Tribe's claim of sovereign immunity. Our case law to date often recites the rule of tribal immunity from suit. While these precedents rest on early cases that assumed immunity without extensive reasoning, we adhere to these decisions and reverse the judgment.

I

Petitioner Kiowa Tribe is an Indian Tribe recognized by the Federal Government. The Tribe owns land in Oklahoma, and, in addition, the United States holds land in that State in trust for the Tribe. Though the record is vague about some key details, the facts appear to be as follows: In 1990, a tribal entity called the Kiowa Industrial Development Commission agreed to buy from respondent Manufacturing Technologies, Inc., certain stock issued by Clinton-Sherman Aviation, Inc. On April 3, 1990, the then-chairman of the Tribe's business committee signed a promissory note in the name of the Tribe. By its note, the Tribe agreed to pay Manufacturing Technologies $285,000 plus interest. The face of the note recites it was signed at Carnegie, Oklahoma,

the Shakopee Mdewakanton Sioux (Dakota) Community et al. by Steven F. Olson.

Briefs of amici curiae urging affirmance were filed for the State of Oklahoma by W. A. Drew Edmondson, Attorney General, and Neal Leader, Senior Assistant Attorney General; for the State of South Dakota et al. by Mark W. Barnett, Attorney General of South Dakota, and John Patrick Guhin, Deputy Attorney General, and by the Attorneys General for their respective States as follows: Bruce M. Botelho of Alaska, Daniel E. Lungren of California, Richard Blumenthal of Connecticut, Robert A. Butterworth of Florida, Margery S. Bronster of Hawaii, Richard P. Ieyoub of Louisiana, Scott Harshbarger of Massachusetts, Frank J. Kelley of Michigan, Joseph P. Mazurek of Montana, Philip T. McLaughlin of New Hampshire, Dennis C. Vacco of New York, Jan Graham of Utah, William H. Sorrell of Vermont, and James E. Doyle of Wisconsin; and for the First National Bank of Altus et al. by Steven W. Bugg and Richard H. Goldberg.

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