SAULT STE. MARIE TRIBE OF CHIPPEWA v. ENGLER

No. 00-1277.

271 F.3d 235 (2001)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 7, 2001.


Attorney(s) appearing for the Case

Henry M. Buffalo, Jr. (argued and briefed), Steven G. Thorne (briefed), Jacobson, Buffalo, Schoessler & Magnuson, St. Paul, MN, Michael G. Phelan (briefed), Saginaw Chippewa Indian Tribe of Michigan, Legal Department, Mt. Pleasant, MI, Conly J. Schulte (briefed), Monteau & Peebles, Omaha, NE, Edward R. Freeberg, Lac Vieux Desert Band Lake Superior Chippewa Indians, Watersmeet, MI, for Appellees.

Keith D. Roberts (argued and briefed), E. Michael Stafford, Asst. Attorney Generals, Office of the Attorney General of Michigan, Lottery and Racing Division, Lansing, MI, for Appellant.

Before: MARTIN, Chief Judge; NELSON, Circuit Judge; RICE, Chief District Judge.


OPINION

BOYCE F. MARTIN, JR., Chief Judge.

The plaintiffs in this case are seven Indian tribes with casinos on their Michigan reservations. Under an agreement, they are required to pay the state of Michigan a sum of money representing revenue lost by the state before other casinos obtained the right to operate. The question presented is when the Seven Tribes stopped having exclusive casino operating rights.

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