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MATCH-E-BE-NASH-SHE-WISH, POTTAWATOMI v. ENGLER

No. 01-1624.

304 F.3d 616 (2002)

MATCH-E-BE-NASH-SHE-WISH BAND OF POTTAWATOMI INDIANS, Plaintiff-Appellant, v. John M. ENGLER, Governor of the State of Michigan and The State of Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 20, 2002.

Attorney(s) appearing for the Case

Conly J. Schulte (argued and briefed), Monteau, Peebles & Evans, Omaha, NE, for Appellant.

Keith D. Roberts (argued and briefed), Office of the Attorney General of Michigan, Lansing, MI, for Appellee.

Before: MERRITT and DAUGHTREY, Circuit Judges; WEBER, District Judge.

OPINION

MERRITT, Circuit Judge.

This is an Indian gambling case in which the Plaintiff, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (the "Tribe"), seeks to force the State of Michigan into negotiations for a casino pursuant to the Indian Gaming Regulatory Act (the "Act"), 25 U.S.C. § 2710(d). Because the Tribe has failed to satisfy the statutory prerequisite of owning Indian lands, see 25 U.S.C. § 2710(d)(3)(A), we hold that it...

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