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SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS v. ENGLER

No. 97-1648.

146 F.3d 367 (1998)

SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS; Grand Traverse Band of Ottawa & Chippewa Indians; Keweenaw Bay Indian Community; Hannahville Indian Community; Bay Mills Indian Community, Plaintiffs, Lac Vieux Desert Band Of Lake Superior Chippewa Indians, Plaintiff-Appellant, Saginaw Chippewa Indian Tribe of Michigan, Intervenor, v. John M. ENGLER, Governor, Defendant-Appellee, State of Michigan, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided June 5, 1998.

Attorney(s) appearing for the Case

Daniel T. Green, Sault Ste. Marie, MI, for Plaintiff Sault Ste. Marie Tribe of Chippewa Indians.

William Rastetter, Cedar, MI, for Plaintiff Grand Traverse Band of Ottawa & Chippewa Indians.

Joseph P. O'Leary, Baraga, MI, for Plaintiff Keweenaw Bay Indian Community.

Dawn S. Duncan, Wilson, MI, for Plaintiff Hannahville Indian Community.

Anthony E. Andary, Andary & Andary, Sault Ste. Marie, MI, for Plaintiff Bay Mills Indian Community.

Conly J. Schulte (argued and briefed), John M. Peebles (briefed), Monteau, Peebles & Evans, Omaha, NE, for Plaintiff-Appellant Lac Vieux Desert Band of Lake Superior Chippewa Indians.

Michael G. Phelan, Mt. Pleasant, MI, for Intervenor Saginaw Chippewa Indian Tribe of Michigan.

Keith D. Roberts, Assistant Attorney General of Michigan (argued and briefed), Lansing, MI, for Defendant State of Michigan.

Keith D. Roberts, Assistant Attorney General, Frank J. Kelley, Office of Attorney General, Appellate Division, Lansing, MI, for Defendant-Appellee John M. Engler, Governor.

Before: MARTIN, Chief Judge; SUHRHEINRICH and SILER, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

The stakes are often high in gambling, and millions of dollars are riding on the interpretation of a consent judgment in this Indian gaming case. At issue is whether several Michigan Indian tribes are obligated to continue making payments to the State of Michigan under the terms of a consent judgment entered several years ago. According to the consent judgment, the obligation to make payments is contingent upon...

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