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MIAMI TRIBE OF OKLAHOMA v. U.S.

No. 95-2205-JWL.

927 F.Supp. 1419 (1996)

MIAMI TRIBE OF OKLAHOMA, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, D. Kansas.

April 10, 1996.

Attorney(s) appearing for the Case

Kip A. Kubin, Payne & Jones, Chtd., Overland Park, KS, for Miami Tribe of Oklahoma.

Janice M. Karlin, Office of United States Attorney, Kansas City, KS, Glen R. Goodsell, U.S. Department of Justice, General Litigation Section, Environment and Natural Resources Div., Washington, DC, for U.S., DOI, and Bruce Babbit.

Glen R. Goodsell, U.S. Department of Justice, General Litigation Section, Environment and Natural Resources Div., Washington, DC, for DOI, Chairman of the National Indian Gaming Commission, Harold Monteau, and National Indian Gaming Commission.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

On January 30, 1995, the National Indian Gaming Commission (NIGC) disapproved a class II gaming management contract between plaintiff Miami Tribe of Oklahoma and Butler National Service Corporation. The disapproval was affirmed on April 4, 1995 and supplemented on June 9, 1995. In support of its disapproval, the NIGC cited an opinion obtained from the Department of the Interior that the land encompassed...

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