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YSLETA DEL SUR PUEBLO v. STATE OF TEX.

Nos. 93-8477, 93-8823 and 94-50130.

36 F.3d 1325 (1994)

YSLETA DEL SUR PUEBLO, Plaintiff-Appellee, v. STATE OF TEXAS and Ann Richards, Governor, Defendants-Appellants. YSLETA DEL SUR PUEBLO, Plaintiff-Appellee, v. STATE OF TEXAS and Ann Richards, Governor, Defendants-Appellants. YSLETA DEL SUR PUEBLO, Plaintiff-Appellee, v. STATE OF TEXAS and Ann Richards, Governor, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 21, 1994.

Attorney(s) appearing for the Case

Toni Hunter, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellants.

Tom Diamond, Ronald Jackson, John R. Batoon, Thomas M. Diamond, Jr., El Paso, TX, for appellee.

Thomas F. Gede, Sp. Asst. Atty. Gen., Sacramento, CA, amicus curiae.

Dickstein & Merin, Howard L. Dickstein, Frank R. Lawrence, Sacramento, CA, amicus curiae.

Thomas M. Diamond, Jr., El Paso, TX, for appellee in No. 94-50130.

Before REYNALDO G. GARZA, DeMOSS, and PARKER, Circuit Judges.

Rehearing Denied November 21, 1994 in Nos. 93-8477, 93-8823.

DeMOSS, Circuit Judge:

Pursuant to the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-21, the Ysleta del Sur Pueblo ("Tribe"), a federally recognized Indian tribe located near El Paso, Texas, sued the state of Texas ("State") and its governor for refusing to negotiate a compact that would permit the Tribe to engage in casino-type gambling on its reservation. Having concluded that...

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