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SENECA-CAYUGA TRIBE v. STATE EX REL. THOMPSON

No. 86-1885.

874 F.2d 709 (1989)

SENECA-CAYUGA TRIBE OF OKLAHOMA, an organized Tribe of Indians, as Recognized Under and by the Laws of the United States, Plaintiff-Appellee, v. STATE OF OKLAHOMA ex rel. David L. THOMPSON, the duly elected District Attorney of Ottawa County, Oklahoma, Bob Sills, the duly elected Sheriff of Ottawa County, Oklahoma; Jon D. Douthitt, Associate District Judge for the 13th Judicial Administrative District of Oklahoma, Defendants-Appellants. QUAPAW TRIBE OF OKLAHOMA, a Federally recognized Indian Tribe; Jesse McKibben, Chairman of Quapaw Tribe of Oklahoma, Plaintiffs-Appellees, v. STATE OF OKLAHOMA ex rel. David L. THOMPSON, District Attorney of Ottawa County, Morland T. Barton, Assistant District Attorney of Ottawa County; Bob Sills, the duly elected Sheriff of Ottawa County, Oklahoma; Jon D. Douthitt, Judge of the District Court of Ottawa County, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 3, 1989.

Attorney(s) appearing for the Case

David A. Thompson, Dist. Atty. (Thomas H. May, Dist. Atty. and Morland T. Barton, Asst. Dist. Atty., with him on the briefs), Miami, Okl., for defendants-appellants.

Ben Loring, Hall, Loring & Smith, P.C. of Miami, Okl., for plaintiff-appellee Seneca-Cayuga Tribe of Oklahoma.

John H. Charloe, of Tulsa, Okl., for plaintiff-appellee Quapaw Tribe of Oklahoma and Jesse McKibben.

Before SEYMOUR and BARRETT, Circuit Judges, and BROWN, District Judge.

SEYMOUR, Circuit Judge.

The Seneca-Cayuga Tribe of Oklahoma and the Quapaw Tribe of Oklahoma are federally recognized Indian tribes that operate high-stakes bingo games on trust land. They brought this action to enjoin a pending state court suit in which the State of Oklahoma sought to enjoin operation of the bingo games. The federal court held that it was not required to abstain, and issued a preliminary injunction. We affirm.

I.

BACKGROUND

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