PUEBLO OF SANTA ANA, Pueblo of San Juan, Pueblo of Tesuque, Pueblo of Acoma, Pueblo of Sandia, Pueblo of Isleta, Pueblo of Pojoaque, San Felipe Gaming Enterprise Board, Pueblo of Taos, Plaintiffs-Counter-Defendants-Appellants,
v.
John J. KELLY, in his official capacity as United States Attorney for the District of New Mexico; Janet Reno, Attorney General of the United States; Bruce Babbitt, United States Secretary of the Interior; United States of America, Defendants-Counter-Claimants-Appellees,
and
State of New Mexico, Counter-Defendant-Appellee.
Guy Clark, Max Coll, George Buffett, State of Alabama, State of Arizona, State of California, State of Florida, State of Idaho, State of Massachusetts, State of Nevada, State of Rhode Island, State of Hawaii, State of Kansas, State of Michigan, State of Oklahoma, State of Vermont, National Indian Gaming Association, San Manuel Band of Mission Indians, Shakopee Mdewakanton Sioux Community, and Sisseton Wahpeton Sioux Tribe, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
January 10, 1997.
January 10, 1997.
Attorney(s) appearing for the Case
Richard W. Hughes (John L. Sullivan with him, on the briefs), Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, L.L.P., Santa Fe, NM, for Plaintiffs-Counter-Defendants-Appellants Pueblo of Santa Ana, Pueblo of San Juan, Pueblo of Tesuque, Pueblo of Sandia, Pueblo of Isleta, Pueblo of Pojoaque, San Felipe Gaming Enterprise Board, and Pueblo of Taos.
Peter C. Chestnut and Ann Berkley Rodgers, Chestnut Law Offices, Albuquerque, NM, on the brief, for Plaintiff-Counter-Defendant-Appellant Pueblo of Acoma.
Christopher D. Coppin, Assistant Attorney General (Tom Udall, Attorney General of New Mexico, with him on the brief), Albuquerque, NM, for Counter-Defendant-Appellee.
James F. Simon (Lois J. Schiffer, Assistant Attorney General, John J. Kelly, United States Attorney, Phyllis A. Dow, Assistant U.S. Attorney, Albuquerque, NM, and Edward J. Passarelli, Trial Attorney, Department of Justice, Washington, DC, on the brief), United States Department of Justice, Washington, DC, for Defendants-Counter-Claimants-Appellees.
Victor R. Marshall, Victor R. Marshall & Associates, P.C., Albuquerque, NM, filed an amicus curiae brief, for Amici Guy Clark, Max Coll, and George Buffett.
Thomas F. Gede, Special Assistant Attorney General (Daniel E. Lungren, Attorney General, State of California), Sacramento, CA, filed an amicus curiae brief, for Amici State of Alabama, State of Arizona, State of California, State of Florida, State of Idaho, State of Massachusetts, State of Nevada, State of Rhode Island, State of Hawaii, State of Kansas, State of Michigan, State of Oklahoma, and State of Vermont.
Jerome L. Levine and Frank R. Lawrence, Levine & Associates, Los Angeles, CA (Kurt V. BlueDog and Andrew M. Small, BlueDog, Olson & Small, Minneapolis, MN), filed an amicus curiae brief, for Amici National Indian Gaming Association, San Manuel Band of Mission Indians, Shakopee Mdewakanton Sioux Community, and Sisseton Wahpeton Sioux Tribe.
Before ANDERSON, McWILLIAMS, and WEIS, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
STEPHEN H. ANDERSON, Circuit Judge.
This case presents a central, and dispositive, question: whether, under the Indian Gaming Regulatory Act, the Secretary of the Interior can, by his approval, give life to a compact which was void from its inception because the state governor who signed the compact lacked the authority under state law to sign on behalf of the state. We hold that the Secretary cannot, under the Act, vivify that which was never alive, and we therefore...
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