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STATE EX REL. STEPHAN v. FINNEY

No. 67,622

251 Kan. 559 (1992)

836 P.2d 1169

STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Petitioner, v. THE HONORABLE JOAN FINNEY, Governor for the State of Kansas, Respondent.

Supreme Court of Kansas.

Opinion filed July 10, 1992.

Attorney(s) appearing for the Case

Robert T. Stephan, attorney general, argued the cause for the petitioner.

William B. McCormick, special counsel to the governor, argued the cause for the respondent Governor Joan Finney.

Dan Watkins, of Lawrence, was on the brief for amicus curiae Sac and Fox Nation of Missouri in Kansas and Nebraska.

Lance W. Burr, of Lawrence, was on the brief for amicus curiae Kickapoo Nation in Kansas.

Harold T. Walker, city attorney, was on the brief for amicus curiae City of Kansas City, Kansas.

Robert L. Pirtle, of Pirtle, Morisset, Schlosser & Ayer, of Seattle, Washington, was on the brief for amicus curiae Prairie Band of Potawatomi Indians.

Per Curiam:

This is an original action in mandamus and quo warranto wherein the Attorney General of Kansas challenges the authority of the Governor of Kansas to negotiate and enter into a binding tribal-state compact under the Indian Gaming Regulatory Act (IGRA) (25 U.S.C. § 2701 et seq. [1988]). The compact in issue authorizes casino gambling on the Kickapoo Indian Reservation located within the State of Kansas, said gambling operation to be monitored...

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