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LAC VIEUX DESERT BAND v. MICHIGAN GAMING CONTROL

No. 00-1879.

276 F.3d 876 (2002)

LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, Plaintiff-Appellant, v. The MICHIGAN GAMING CONTROL BOARD; The City of Detroit; Atwater Entertainment Associates, L.L.C.; Greektown Casino, L.L.C., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 11, 2002.

Attorney(s) appearing for the Case

G. Michael Fenner (argued), Creighton University School of Law, Conly J. Schulte (briefed), Monteau & Peebles, Omaha, NE, for Appellant.

Morley Witus (argued and briefed), Barris, Sott, Denn & Driker, Detroit, MI, Bruce R. Greene (briefed), Boulder, CO, John D. Pirich (briefed), John S. Kane (briefed), Honigman, Miller, Schwartz & Cohn, Lansing, MI, for Appellees.

Before: MARTIN, Chief Judge; MOORE, Circuit Judge; O'MALLEY, District Judge.

MARTIN, C.J., delivered the opinion of the court, in which MOORE, J., joined. O'MALLEY, D.J. (pp. 880-883), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Upon the legalization of gambling in Detroit, the City enacted an ordinance establishing how it would issue three licenses for the operation of its new casinos. Everyone interested in this opportunity should have been...

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