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PONCA TRIBE OF OKLAHOMA v. STATE OF OKL.

No. 92-6331.

89 F.3d 690 (1996)

PONCA TRIBE OF OKLAHOMA, Plaintiff-Appellant, v. STATE OF OKLAHOMA; David Walters, Governor of the State of Oklahoma, individually and in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 8, 1996.

Attorney(s) appearing for the Case

Gary S. Pitchlynn, Ted Ritter, and Patrick A. Morse, of Pitchlynn, Morse, Ritter & Morse, Norman, OK, submitted on the briefs for Plaintiff-Appellant.

Neal Leader, Senior Assistant Attorney General, Oklahoma City, OK, submitted on the brief for Defendants-Appellees.

Before ANDERSON, McKAY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This appeal is before us on remand from the United States Supreme Court. Ponca Tribe originally sought an injunction in the District Court for the Western District of Oklahoma under the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. § 2701 et seq., requiring the state of Oklahoma and Oklahoma's governor to negotiate a compact which would permit the tribe to operate a Class III gaming facility on the reservation. See Ponca Tribe of Oklahoma...

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