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SHAKOPEE MDEWAKANTON SIOUX COMMUNITY v. HOPE

Nos. 92-2954, 92-3056 and 92-3312.

16 F.3d 261 (1994)

SHAKOPEE MDEWAKANTON SIOUX COMMUNITY, a federally recognized Indian Tribe; Little Six, Inc., a corporation chartered by the Shakopee Mdewakanton Sioux Community, Appellants, v. Anthony J. HOPE, in his capacity as Chairman of the National Indian Gaming Commission; Jana McKeag, in her capacity as Commissioner of the National Indian Gaming Commission; National Indian Gaming Commission, a Commission established within the United States Department of the Interior, Appellees. The LOWER SIOUX INDIAN COMMUNITY IN MINNESOTA, Appellant, v. NATIONAL INDIAN GAMING COMMISSION; Janet Reno Attorney General of the United States, Appellees. SISSETON-WAHPETON SIOUX TRIBE, Appellant, v. UNITED STATES of America; Janet Reno, in her capacity as Attorney General of the United States, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 9, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant Sisseton-Wahpeton Sioux Tribe was Bertram E. Hirsch of Floral Park, New York.

Counsel who presented argument on behalf of the appellants Shakopee Mdewakanton Sioux Community and Little Six, Inc., was William J. Keppel of Minneapolis, Minnesota. Kurt V. BlueDog of Bloomington, Minnesota, and James E. Townsend and Steven M. Christenson of Minneapolis, Minnesota, appeared on the brief.

Counsel who represented appellant Lower Sioux Indian Community was John E. Jacobson of Minneapolis, Minnesota.

Counsel who presented argument on behalf of the appellee was Edward J. Shawaker, U.S. Department of Justice, Washington, DC. Robert M. Small, Assistant United States Attorney, Minneapolis, Minnesota, Robert A. Mandel, Assistant United States Attorney, Rapid City, South Dakota, and John A. Bryson, U.S. Department of Justice, Washington, DC, appeared on the brief.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BEAM, Circuit Judge.

The Shakopee Mdewakanton Sioux Community, Little Six, Inc., the Lower Sioux Community, and the Sisseton-Wahpeton Sioux Tribe, (collectively "the Tribes") appeal three decisions upholding regulations drafted by the National Indian Gaming Commission ("the Commission") which classify Keno as a Class III game under the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. §§ 2701-2721 (1988). We affirm.

I. BACKGROUND

In 1988...

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