CROW TRIBE OF INDIANS v. RACICOT

No. 95-35407.

87 F.3d 1039 (1996)

The CROW TRIBE OF INDIANS; Crow Tribal Gaming Commission; Absaloka Casino Enterprise, Inc.; Clara Nomee; Gavin Jefferson; Henrietta Pretty On Top; Leon Pretty Weasel; Tyrone Ten Bear; and Steven Stevens, Plaintiffs-Appellants, v. Marc RACICOT, individually and as Governor of the State of Montana; Janet Jessup, individually and in her capacity as Administrator of the Montana Gambling Control Division; Joseph Mazurek, individually and in his capacity as Attorney General for the State of Montana; Deanne Sandholm, individually and in her capacity as Assistant Attorney General for the State of Montana; Montana Gambling Control Division; and the State of Montana, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1996.


Attorney(s) appearing for the Case

John Fredericks, III, Fredericks, Pelcyger, Hester & White, Boulder, Colorado, for plaintiffs-appellants.

Clay R. Smith, Solicitor, Attorney General of Montana, Helena, Montana, for defendants-appellees.

Before LAY, CHOY, and LEAVY, Circuit Judges.


CHOY, Circuit Judge:

This appeal presents a dispute between the Crow Tribe and the State of Montana over the use of mechanical slot machines on the Crow Indian Reservation. The district court granted summary judgment against the Crow Tribe's claim that the Tribe may operate mechanical slot machines on their Reservation. We affirm.

Statement of the Case

The Indian Gaming Regulatory Act of 1988 ("IGRA"), 25 U.S.C. §§ 2701-2721, provides a...

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