MASHANTUCKET PEQUOT TRIBE v. STATE OF CONN.

No. 1841, Docket 90-7508.

913 F.2d 1024 (1990)

MASHANTUCKET PEQUOT TRIBE, Plaintiff-Appellee, v. STATE OF CONNECTICUT and William A. O'Neill, Governor of the State of Connecticut, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 4, 1990.


Attorney(s) appearing for the Case

Richard M. Sheridan, Asst. Atty. Gen. of the State of Conn., (Clarine Nardi Riddle, Atty. Gen. of the State of Conn., Robert F. Vacchelli, Carolyn Querijero, Asst. Attys. Gen., Hartford, Conn., of counsel), for defendants-appellants.

Barry A. Margolin, Portland, Me. (Robert L. Gips, Gregory W. Sample, Tureen & Margolin, Portland, Me., Jackson T. King, Brown, Jacobson, Jewett & Laudone, Mystic, Conn., of counsel), for plaintiff-appellee.

Richard B. Stewart, Asst. Atty. Gen. of the U.S. (Carol J. Williams, Blake A. Watson, Attys., Dept. of Justice, Washington, D.C., Michael Cox, Dept. of Interior, Washington, D.C., of counsel), for the U.S., amicus curiae.

Robert K. Corbin, Atty. Gen. of the State of Ariz. (Ian A. Macpherson, Phoenix, Ariz., of counsel), for the states of Ariz. and Nev., amici curiae.

Donald J. Simon, Washington, D.C. (Sonosky, Chambers & Sachse, Washington, D.C., Jerome L. Levine, Neiman, Billet, Albala & Levine, Los Angeles, Cal., James E. Townsend, Minneapolis, Minn., of counsel), for Nat. Indian Gaming Ass'n, amicus curiae.

Before WINTER, MAHONEY, and WALKER, Circuit Judges.


MAHONEY, Circuit Judge:

The Indian Gaming Regulatory Act ("IGRA")1 establishes three classes of gaming activity. The Mashantucket Pequot Tribe (the "Tribe") seeks to operate casino-type games of chance on its reservation located in Ledyard, Connecticut (the "Reservation"). The contemplated games are class III gaming activities, which are allowed only in conformance with a tribal-state compact. Accordingly, the Tribe requested that the...

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