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SPOKANE TRIBE OF INDIANS v. WASHINGTON STATE

Nos. 92-35113, 92-35446.

28 F.3d 991 (1994)

The SPOKANE TRIBE OF INDIANS, Plaintiff-Appellee, v. WASHINGTON STATE, the State of Washington; Booth Gardner, Governor of the State of Washington; Ken Eikenberry, Attorney General of the State of Washington; Franklin L. Miller, Deputy Director of the Washington State Gambling Commission, Defendants-Appellants. The SPOKANE TRIBE OF INDIANS, Plaintiff-Appellant, v. WASHINGTON STATE, the State of Washington; Booth Gardner, Governor of the State of Washington; Ken Eikenberry, Attorney General of the State of Washington; Franklin L. Miller, Deputy Director of the Washington State Gambling Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1994.

Attorney(s) appearing for the Case

Scott D. Crowell, Kirkland, WA, for plaintiff-appellee-cross-appellant.

Jonathan T. McCoy, Asst. Atty. Gen., Olympia, WA, for defendants-appellants-cross-appellees.

Howard L. Dickstein, Dickstein & Merin, and Thomas E. Gede, Sp. Asst. Atty. Gen., Sacramento, CA, for amici.

Hans Walker, Jr., Hobbs, Straus, Dean & Wilder, Washington, DC, for amicus curiae.

Before: GOODWIN, SCHROEDER, and PREGERSON, Circuit Judges.

Opinion by Judge SCHROEDER.

SCHROEDER, Circuit Judge:

This is a suit by the Spokane Tribe of Indians ("the Tribe") against the State of Washington to compel the state to negotiate in good faith for terms of a gaming compact as required by the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. §§ 2701-21 (Supp.1994). The dispositive issue in this appeal and cross-appeal is whether the state is immune from this...

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