Rehearing and Rehearing En Banc Denied: February 10, 2003.
RICHARD S. ARNOLD, Circuit Judge.
Turn Key Gaming promised to build a casino for the Oglala Sioux Tribe but could not keep the project within its budget. Turn Key stopped construction when the Tribe refused to modify their contract. Turn Key filed suit against the Tribe to resolve the parties' dispute over the costs of a temporary casino and the incomplete permanent casino. The District Court
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