LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS OF WISCONSIN v. U.S.

No. 02-C-0533-C.

259 F.Supp.2d 783 (2003)

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS OF WISCONSIN, Red Cliff Band of Lake Superior Chippewa Indians and Sakaogon Chippewa Community (Mole Lake Band of Lake Superior Chippewa Indians), Plaintiffs, v. UNITED STATES of America, U.S. Department of the Interior, the Honorable Gale Norton, Secretary of the Department of the Interior, and James H. McDivitt, Deputy Assistant Secretary/Indian Affairs, Defendants, and James E. Doyle, Governor of the State of Wisconsin, and the State of Wisconsin, Defendant-Intervenors.

United States District Court, W.D. Wisconsin.

April 22, 2003.


Attorney(s) appearing for the Case

S. Todd Farris, Friebert, Finerty & St. John, S.C., Milwaukee, WI, for Plaintiffs.

Leslie K. Herje, Assistant U.S. Attorney, Madison, WI, for USA.

Edward J. Passarelli, United States Dept. of Justice, Environment and Natural Resources, Washington, DC, for Department of Interior, James H. McDivitt, Gale Norton, and USA.

John S. Greene, Assistant Attorney General, Madison, WI, for Scott McCallum (Intervenor), and State of Wisconsin (Intervener).

Tom Gede, Conf. of Western Atty. General, Sacramento, CA, for State of Nebraska.


OPINION AND ORDER

CRABB, Chief Judge.

This is a civil action for declaratory relief in which three Wisconsin Indian tribes, Lac Courte Oreilles Band of Lake Superior Chippewa, Red Cliff Band of Lake Superior Chippewa and Sakaogon Chippewa Community or Mole Lake Band of Lake Superior Chippewa, are challenging the constitutionality of the gubernatorial concurrence requirement in the Indian Gaming Regulatory Act...

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