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SAS & FOX TRIBE OF MISSISSIPPI IN IOWA v. U.S.

Nos. C03-50-LRR, C03-52-LRR.

264 F.Supp.2d 830 (2003)

SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, v. The UNITED STATES of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants, Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, v. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr.; Ray A. Young Bear, Frank Black Cloud; Keith Davenport; and Deron Ward, Cross-claim Defendants. United States of America, for the National Indian Gaming Commission, Plaintiff, v. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants.

United States District Court, N.D. Iowa, Cedar Rapids Division.

May 22, 2003.

Attorney(s) appearing for the Case

Robert M. Butler, U.S. Attorney's Office, Cedar Rapids, IA, for Plaintiffs.

Angela Ellen Dralle, Dennis Wayne Johnson, Dorsey & Whitney, Des Moines, IA, for Intervenors.

Charles E. Gribble, Parrish, Kruidenier, Moss, Dunn, Montgomery, Boles & Gribble, LLP, Des Moines, IA, Brad S. Jolly, Steven F. Olson, BlueDog, Olson & Small, PLLP, Minneapolis, MN, Wilford H. Stone, Lynch, Dallas, Small & Harmon, PC, Cedar Rapids, IA, for Defendants.

ORDER

READE, District Judge.

This matter is before the Court pursuant to Plaintiffs' Motion for Temporary Restraining Order (docket no. 5) and Defendants' Motion to Dismiss (docket no. 11) in Case No. 03-50 and the United States' Motion for Temporary Restraining Order (docket no. 2) in Case No. 03-52. The Court held a hearing on May 19, 2003. The attorneys of record were present.

I. FACTS

The Sac and Fox Tribe of the Mississippi...

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