KEWEENAW BAY INDIAN COMMUNITY v. U.S.

Nos. 96-2204, 96-2410.

136 F.3d 469 (1998)

KEWEENAW BAY INDIAN COMMUNITY, Plaintiff-Appellee, v. UNITED STATES of America; U.S. Department of Interior; U.S. Department of Justice, Defendants-Appellants (96-2410), Bureau of Indian Affairs, et al., Defendants, State of Michigan, Intervenor-Defendant-Appellant (96-2204).

United States Court of Appeals, Sixth Circuit.

Decided February 10, 1998.


Attorney(s) appearing for the Case

Joseph P. O'Leary (briefed), Keweenaw Bay Indian Community Tribal Center, Baraga, MI, Konrad D. Kohl (argued and briefed), Kohl, Harris & Peters, Metamora, MI, Keweenaw Bay Indian Community.

Edward J Passarelli, Environmental & Natural Resources Division, Department of Justice, Washington, DC, for U.S., U.S. Department of Interior and U.S. Department of Justice in No. 96-2204.

John M. Cahill (briefed), Office of the Attorney General of Michigan, Lottery and Racing Division, Lansing, MI, Keith D. Roberts (argued and briefed), Asst. Attorney Gen., Office of the Attorney General of Michigan, Lansing, MI, for State of Michigan in No. 96-2204.

Edward J. Shawaker (argued and briefed), U.S. Department of Justice, Land & Natural Resources Division, Washington, DC, Edward J Passarelli, Environmental & Natural Resources Division, Department of Justice, Washington, DC, for U.S. in No. 96-2410.

Edward J. Shawaker, Joan M. Pepin, U.S. Department of Justice, Land & Natural Resources Division, Washington, DC, Edward J Passarelli, Environmental & Natural Resources Division, Department of Justice, Washington, DC, for U.S. Department of Interior and U.S. Department of Justice in No. 96-2410.

Joan M. Pepin, U.S. Department of Justice, Land & Natural Resources Division, Washington, DC, for Bureau of Indian Affairs in No. 96-2410.

John M. Cahill, Office of the Attorney General of Michigan, Lottery and Racing Division, Lansing, MI, Keith D. Roberts (argued), Asst. Attorney Gen., Office of the Attorney General of Michigan, Lansing, MI, for State of Michigan in No. 96-2410.

Before: RYAN, SILER, and COLE, Circuit Judges.


OPINION

COLE, Circuit Judge.

This appeal involves a dispute among an American Indian tribe, the federal government and the State of Michigan regarding the applicability of a particular provision of the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. § 2701 et seq., to Indian gaming that is the subject of a tribal-state gaming compact. The district court concluded that the IGRA provision at issue, 25 U.S.C. § 2719, does not apply to gaming...

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