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U.S. EX REL. STEELE v. TURN KEY GAMING, INC.

No. 00-3615.

260 F.3d 971 (2001)

UNITED STATES ex rel. John Yellow Bird STEELE, Appellant, v. TURN KEY GAMING, INC.; Wayne Barber, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2001.

Rehearing and Rehearing Denied: October 16, 2001.

Attorney(s) appearing for the Case

Jay C. Shultz, argued, Rapid City, SD (Jay C. Shultz and Robert Gusinsky, on the brief), for appellant.

Scott Harvey Sumner, argued, Rapid City, SD (Ronald W. Banks, on the brief), for appellee.

Before MAGILL, BEAM, and HAMILTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied: October 16, 2001.

BEAM, Circuit Judge.

The United States and its relator, John Yellow Bird Steele (collectively "the United States"), appeal an adverse grant of summary judgment. We affirm, but on different grounds than those established by the district court.

I.

The relevant facts are largely undisputed. On January 19, 1995, the Oglala Sioux Tribe (the "Tribe") entered into a contract entitled Prairie...

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