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FLORIDA v. SEMINOLE TRIBE OF FLORIDA

No. 97-5361.

181 F.3d 1237 (1999)

State of FLORIDA, Plaintiff-Appellant, v. SEMINOLE TRIBE OF FLORIDA, James E. Billie, Chairman, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 20, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Florida Attorney General, Jonathan A. Glogau, Asst. Attorney General, Dept. of Legal Affairs Div., Tallahassee, FL, for Plaintiff-Appellant.

Bruce S. Rogow, Beverly A. Pohl, Bruce S. Rogow, P.A., Ft. Lauderdale, FL, Jerry C. Straus, Hobbs Straus, Washington, DC, for Defendants-Appellees.

Before TJOFLAT and EDMONDSON, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

This case, which involves alleged class III tribal gaming activity as defined by the Indian Gaming Regulatory Act ("IGRA"),1 demonstrates the continuing vitality of the venerable maxim that turnabout is fair play. In 1994, we held that the principle of state sovereign immunity embodied in the Eleventh Amendment barred the Seminole Tribe of Florida ("the Tribe") from suing the State of Florida under 25 U.S.C. §...

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