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JICARILLA APACHE TRIBE v. KELLY

No. 96-2192.

129 F.3d 535 (1997)

JICARILLA APACHE TRIBE, Plaintiff-Counter-Defendant-Appellant, 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.

United States Court of Appeals, Tenth Circuit.

November 10, 1997.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Wayne H. Bladh, Teresa Leger de Fernandez, Joshua S. Grinspoon, Nordhaus, Haltom, Taylor, Taradash & Frye, LLP, Santa Fe, NM, for Plaintiff-Appellant.

Lois J. Schiffer, Assistant U.S. Attorney General, Washington, DC, John J. Kelly, United States Attorney, Phyllis A. Dow, Assistant U.S. Attorney, Albuquerque, NM, for Defendants-Appellees.

Tom Udall, Attorney General of New Mexico, Christopher D. Coppin, Assistant Attorney General, Albuquerque, NM, for Counter-Defendant/Appellee State of New Mexico.

Before ANDERSON, HENRY, and BRISCOE, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This is one of several cases involving the validity of Class III gaming on tribal casinos in New Mexico. Plaintiff and appellant, the Jicarilla Apache Tribe, is a federally recognized Indian Tribe in New Mexico. On February 13, 1995, it entered into a Tribal-State Class III gaming compact with the State of New Mexico, as is permissible under the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701-2721 ("IGRA"). On March 22...

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