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U.S. v. SEMINOLE NATION OF OKLAHOMA

No. 01-7108.

321 F.3d 939 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. SEMINOLE NATION OF OKLAHOMA, a Federally Recognized Indian Tribe, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 31, 2002.

Attorney(s) appearing for the Case

M. Alice Thurston, Department of Justice, Washington, DC, (David C. Shilton, Department of Justice, Washington, DC; Thomas L. Sansonetti, Assistant Attorney General, Washington, DC; Sheldon J. Sperling, United States Attorney, Muskogee, OK; Linda A. Epperley, Assistant United States Attorney, Muskogee, OK; Kevin K. Washburn, William F. Grant, and Sandra J. Ashton, Washington, DC, with her on the briefs), for Plaintiff-Appellant.

Gary S. Pitchlynn, (Patrick A. Morse, with him on the brief), Pitchlynn & Morse, P.A., Norman, OK, for Defendant-Appellee.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiff, the United States of America, filed this action in federal district court to enforce temporary closure orders issued to Defendant, Seminole Nation of Oklahoma (the "Nation"), by the Chairman of the National Indian Gaming Commission ("NIGC"). Although the government moved for preliminary injunction, the district court notified the parties by order that the hearing on the government's motion would be combined...

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