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KICKAPOO TRIBE OF INDIANS IN KANSAS v. BABBITT

No. 93-5262.

43 F.3d 1491 (1995)

KICKAPOO TRIBE OF INDIANS OF the KICKAPOO RESERVATION IN KANSAS, et al., Appellants v. Bruce BABBITT, in His Official Capacity as Secretary of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1995.

Attorney(s) appearing for the Case

Glenn M. Feldman, argued the cause and filed the briefs for appellants. Munford P. Hall, entered an appearance for appellants.

Jonathan F. Klein, argued the cause for appellees. With him on the brief were Lois J. Schiffer, Acting Asst. Atty. Gen., Robert L. Klarquist and Edward J. Passarelli, Attys., U.S. Dept. of Justice. John A. Bryson, entered an appearance for appellees.

Before: WILLIAMS, GINSBURG, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas appeals from the grant of summary judgment to the Secretary of Interior and the Assistant Secretary of Interior for Indian Affairs ("the Secretary"). The Tribe contends that the district court erred in ruling that, although a compact between the Tribe and the Governor of Kansas had been approved by operation of law...

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