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LAC COURTE OREILLES BAND OF INDIANS v. U.S.

No. 03-2323.

367 F.3d 650 (2004)

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS OF WISCONSIN, Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin, and Sakaogon Chippewa Community, Mole Lake Band of Lake Superior Chippewa Indians, Plaintiffs-Appellants, v. UNITED STATES of America, United States Department of the Interior, Gale A. Norton, Secretary of the Department of the Interior, et al., Defendants-Appellees, James E. Doyle, Governor of the State of Wisconsin and State of Wisconsin, Intervening Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 2004.

Attorney(s) appearing for the Case

Robert H. Friebert (argued), Friebert, Finerty & St. John, Milwaukee, WI, for Plaintiffs-Appellants.

David C. Shilton (argued), Department of Justice, Washington, DC, for Defendants-Appellees.

John S. Greene, Thomas C. Bellavia (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Intervenors-Appellees.

Thomas F. Gede, Conference of Western Attorneys General, Sacramento, CA, for Amicus Curiae.

Before FLAUM, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

FLAUM, Chief Judge.

The Plaintiff Tribes appeal the district court's opinion and order declaring the gubernatorial concurrence provision of the Indian Gaming Regulatory Act ("IGRA") constitutional and not in violation of the federal government's trust obligation to Indians. For the reasons set forth in the following opinion, we affirm the judgment of the district court.

I. Background

Plaintiffs are...

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