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PRAIRIE BAND OF POTAWATOMI INDIANS v. PIERCE

No. 99-3324.

253 F.3d 1234 (2001)

PRAIRIE BAND OF POTAWATOMI INDIANS, Plaintiff-Appellee, v. Karla PIERCE, Secretary of Revenue, State of Kansas; Sheila Walker, Director of Vehicles, State of Kansas; and Don Brownlee, Superintendent, Kansas Highway Patrol, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 25, 2001.

Attorney(s) appearing for the Case

John Michael Hale, Kansas Department of Revenue, (M.J. Willoughby, Office of the Attorney General, Richard L. Cram, Kansas Department of Revenue, Topeka, Kansas, with him on the briefs), for the Defendants-Appellants.

David Prager III, General Counsel, Prairie Band of Potawatomi Indians, Mayetta, KS, for the Plaintiff-Appellee.

Before EBEL, HENRY, Circuit Judges, and WEINSHIENK, District Judge.

HENRY, Circuit Judge.

Seeking to have its motor vehicle registrations and titles recognized by the state of Kansas, the Prairie Band of Potawatomi Indians, a Kansas Indian tribe, filed suit against various Kansas state officials pursuant to the Indian Commerce Clause, the Kansas Act for Admission, and other federal law. During the proceedings below, the district court issued a temporary restraining order ("TRO") and thereafter a preliminary injunction, each of which...

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