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STATE EX REL. NIXON v. COEUR D'ALENE TRIBE

Nos. 98-1520, 98-1554.

164 F.3d 1102 (1999)

STATE of Missouri ex rel. Jeremiah W. (Jay) NIXON, Attorney General, Plaintiff-Appellant, v. COEUR D'ALENE TRIBE, a federally recognized Indian Tribe; Defendant-Appellee. State of Missouri ex rel. Jeremiah W. (Jay) Nixon, Attorney General, Plaintiff-Appellant, v. UniStar Entertainment, Inc.; Executone Information Systems, Inc.; Ernest Stensgar; David Matheson, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 6, 1999.

Rehearing and Suggestion for Rehearing Denied February 17, 1999.

Attorney(s) appearing for the Case

Sue A. Sperry, Kansas City, MO, argued (J. Dale Youngs and Erwin O. Switzer, on the brief), for Plaintiff-Appellant.

Raymond C. Givens, Coeur d'Alene, ID, argued (Laurence R. Tucker and Stuart Shaw, on the brief), for Coeur D'Alene Tribe.

William Wright, Richmond, VA, argued (Edwin L. Noel, Thomas B. Weaver and Patricia M. Schwarzschild, on the brief), for UniStar Entertainment, Inc.

Before LOKEN, LAY, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied in No. 98-1520 February 17, 1999.

LOKEN, Circuit Judge.

The State of Missouri filed two cases in state court seeking to enjoin the Coeur D'Alene Tribe and its contractor, UniStar Entertainment, Inc. ("UniStar"), from conducting an Internet gambling program known as the National Indian Lottery with Missouri residents. Defendants removed both cases and persuaded both district courts that the Indian Gaming...

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