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SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS v. STATE

No. 1:90-CV-611.

800 F.Supp. 1484 (1992)

SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS et al., Plaintiffs, v. STATE of Michigan, Defendant.

United States District Court, W.D. Michigan, S.D.

March 26, 1992.

Attorney(s) appearing for the Case

Bruce Richard Greene, Greene, Meyer & McElroy, PC, Boulder, Colo., Daniel T. Green, Sault Ste Marie Tribe of Chippewa Indians, Sault Ste Marie, Mich., John F. Petoskey, GTB Economic Development Authority, Suttons Bay, Mich., William Rastetter, Cedar, Mich., Joseph P. O'Leary, Keweenaw Bay Indian Community Tribal Center, Baraga, Mich., Michael C. Parish, Dawn S. Duncan, Hannahville Indian Community, Wilson, Mich., Anthony E. Andary, Andary & Andary, PC, Sault Ste. Marie, Mich., James A. Bransky, Michigan Indian Legal Services, Traverse City, Mich., for plaintiffs.

Keith D. Roberts, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Corrections Div., Lansing, Mich., Nelson W. Westrin, Asst. Atty. Gen., for defendant.

OPINION

BENJAMIN F. GIBSON, Chief Judge.

Pending before this Court is a motion to dismiss made by defendant State of Michigan. The state claims that this suit is barred by the Eleventh Amendment of the United States Constitution.

I.

This suit is brought under the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. §§ 2701 et seq., which was enacted "to provide a statutory basis...

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