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SANTEE SIOUX TRIBE OF NEBRASKA v. STATE OF NEB.

No. 96-2975.

121 F.3d 427 (1997)

SANTEE SIOUX TRIBE OF NEBRASKA, a Federally Recognized Indian Tribe, Plaintiff-Appellant, v. STATE OF NEBRASKA; E. Benjamin Nelson, Governor of the State of Nebraska, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1997.

Attorney(s) appearing for the Case

Conly J. Schulte, Omaha, NE, argued (John M. Peebles, Omaha, NE, on the brief), for appellant.

Leonard Jay Bartel, Lincoln, NE, argued, for appellee.

Before McMILLIAN, FLOYD R. GIBSON, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Santee Sioux Tribe of Nebraska (Tribe) appeals the district court's1 order dismissing for lack of jurisdiction the Tribe's action against the State of Nebraska (State) and its governor, E. Benjamin Nelson, filed pursuant to the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-21 (1994). The district court determined the State had not consented to the Tribe's suit and, relying on Seminole Tribe...

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