State of KANSAS; Bill Graves, Governor of the State of Kansas, Plaintiffs-Appellees,
v.
UNITED STATES of America; Gale A. Norton, Secretary of the United States Department of the Interior, her agents, employees, and successors; Monte R. Deer, Chairman of the National Indian Gaming Commission, United States Department of the Interior, his agents, employees, and successors; National Indian Gaming Commission, Department of the Interior; Department of the Interior; Bureau of Indian Affairs; Indian Gaming Management Staff Office, Department of the Interior; Kevin Glover, Assistant Secretary of the Interior for Indian Affairs, his agents, employees, and successors; Jimmie Fields, acting area director of the Bureau of Indian Affairs for the Muskogee area office, his agents, employees, and successors; Dan Deerinwater, Area Director of the Bureau of Indian Affairs for the Andarko Area Office, his agents, employees, and successors; George Skibine, Director of the Indian Gaming Management Staff Office, his agents, employees, and successors; Derril B. Jordan, Associate Solicitor for Indian Affairs, his agents, employees, and successors; John Jasper, Associate Solicitor for Indian Affairs, his agents, employees, and successors; Richard Schipf, National Indian Gaming Commission; Gloria Wilson, Superintendent of the Bureau of Indian Affairs, Miami Agency, her agents, employees, and successors; 35 Acres of Land, also known as the Maria Christiana Reserve No. 35, more or less, located in Miami County, Kansas; Floyd E. Leonard; Charles E. Wade; Julie L. Olds; Judy O. Davis; James O. Downing; Bob Woodcock; Miami Tribe of Oklahoma; Butler National Service Corporation; Clark D. Stewart, Defendants-Appellants.
Sac and Fox Nation of Missouri, Kickapoo Tribe of Kansas, and Prairie Band of Potawatomi Indians, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
May 4, 2001.
May 4, 2001.
Attorney(s) appearing for the Case
M.J. Willoughby, Assistant Attorney General, State of Kansas, Topeka, KS, for Plaintiffs-Appellees.
Sean H. Donahue, Appellate Section, United States Department of Justice, Environment and Natural Resources Division, Washington, DC (Lois J. Schiffer, Assistant United States Attorney General; Rhonda D. Harjo, Office of the Solicitor, United States Department of the Interior, Kevin K. Washburn, General Counsel, National Indian Gaming Commission; William B. Lazarus and John A. Bryson, Appellate Section, United States Department of Justice, Environment and Natural Resources Division, Washington DC, Jackie N. Williams, United States Attorney; Melanie D. Caro, Assistant United States Attorney, Kansas City, KS, with him on the brief), for Federal Defendants-Appellants United States of America, Gale A. Norton, Monte R. Deer, National Indian Gaming Commission, Department of the Interior, Bureau of Indian Affairs, Indian Gaming Management Staff Office, Kevin Glover, Jimmie Fields, Dan Deerinwater, George Skibine, Derril B. Jordan, John Jasper, Richard Schipf, and Gloria Wilson.
James K. Logan of Logan Law Firm L.L.C., Olathe, KS, (Kip A. Kubin of Payne & Jones, Chtd., Overland Park, KS; Christopher J. Reedy of Colantuono & Associates, L.L.C., Leawood, KS, with him on the brief), for Defendants-Appellants Floyd E. Leonard, Charles E. Wade, Julie L. Olds, Judy O. Davis, James O. Downing, Bob Woodcock, Clark D. Stewart, Butler National Service Corporation, and Miami Tribe of Oklahoma.
John R. Shordike and Thomas Weathers of Alexander & Karshmer, Berkeley, CA; Charley Laman, Assistant General Counsel, Kickapoo Tribe of Kansas; Mason D. Morisset of Morisset, Schlosser, Ayer & Jozwiak, Seattle, WA, filed an amicus curiae brief on behalf of Sac and Fox Nation of Missouri, Kickapoo Tribe of Kansas, and Prairie Band of Potawatomi Indians, in support of Plaintiffs-Appellees.
Before EBEL, BALDOCK, and KELLY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BALDOCK, Circuit Judge.
These consolidated interlocutory appeals arise from a district court order granting a preliminary injunction in favor of Plaintiff State of Kansas. The order stays action on the National Indian Gaming Commission's (NIGC) decision that a tract of non-reservation land in Kansas, under lease to Defendant-Intervenor Miami Tribe of Oklahoma, constitutes "Indian lands" subject to the terms of the Indian...
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