SEMINOLE TRIBE OF FLORIDA v. BUTTERWORTH

No. 80-5496.

658 F.2d 310 (1981)

SEMINOLE TRIBE OF FLORIDA, an Organized Tribe of Indians, as recognized under and by the Laws of the United States, Plaintiff-Appellee, v. Robert BUTTERWORTH, the duly elected Sheriff of Broward County, Florida, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

October 5, 1981.


Attorney(s) appearing for the Case

Shailer & Purdy, Philip S. Shailer, Fort Lauderdale, Fla., for defendant-appellant.

Kent A. Zaiser, Asst. Atty. Gen., Dept. of Legal Affairs, Civ. Div., Tallahassee, Fla., for amicus State of Florida.

Stephen H. Whilden, Hollywood, Fla., Marion Sibley, Miami Beach, Fla., Jesse J. McCrary, Jr., Miami, Fla., for plaintiff-appellee.

Before MORGAN, RONEY and KRAVITCH, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

This appeal involves a question arising under Public Law 280, the federal law permitting states to exercise civil and criminal jurisdiction over the Indian tribes. All parties agree that the case turns on the determination of whether Florida Statute Section 849.093 — which permits bingo games to be played by certain qualified organizations subject to restrictions by the state — is civil/regulatory or criminal/prohibitory...

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