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PASSAMAQUODDY TRIBE v. STATE OF MAINE

No. 95-1922.

75 F.3d 784 (1996)

PASSAMAQUODDY TRIBE, Plaintiff, Appellant, v. STATE OF MAINE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 9, 1996.

Attorney(s) appearing for the Case

Thomas N. Tureen, with whom Gregory W. Sample, Portland, ME, Tureen & Sample, Richard B. Collins, David Overlock Stewart, and Ropes & Gray were on brief, for appellant.

Francis A. Brown, on brief for City of Calais, Maine, amicus curiae.

Thomas D. Warren, Assistant Attorney General, with whom Andrew Ketterer, Attorney General, and Wayne Moss, Assistant Attorney General, were on brief, Augusta, ME, for appellees.

Before SELYA, BOUDIN and LYNCH, Circuit Judges.

SELYA, Circuit Judge.

The Passamaquoddy Tribe (the Tribe) sued to compel Maine and the governor of Maine (collectively, Maine or the State) to recognize its asserted right to avoid the prohibitions of Maine's criminal code, see 17-A Me.Rev.Stat.Ann. §§ 953-954, and conduct high-stakes casino gambling behind the shield of the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701-2721, 18 U.S.C. §§ 1166-1168 (the Gaming Act). The federal...

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