SENECA-CAYUGA TRIBE OF OKLAHOMA; Fort Sill Apache Tribe of Oklahoma; Northern Arapaho Tribe of Wyoming; Diamond Game Enterprises, Inc., Plaintiffs-Appellees,
v.
NATIONAL INDIAN GAMING COMMISSION; John Ashcroft, Attorney General of the United States; United States Department of Justice; Thomas Scott Woodward, United States Attorney for the Northern District of Oklahoma, Defendants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 17, 2003.
April 17, 2003.
Attorney(s) appearing for the Case
Edward P. Lazarus (Sandra M. Lee and L. Rachel Helyar with him on the briefs), Akin, Gump, Strauss, Hauer & Feld LLP, Los Angeles, California for Plaintiff-Appellee, Diamond Game Enterprises, Inc.
Jess Green, Ada, Oklahoma, for Plaintiffs-Appellees Northern Arapaho Tribe of Wyoming and Seneca-Cayuga Tribe of Oklahoma; (Andrew W. Baldwin, Lander, Wyoming for Plaintiff-Appellee Northern Arapaho Tribe of Wyoming; Robert E. Prince, Lawton, Oklahoma, for Plaintiff-Appellee Fort Sill Apache Tribe of Oklahoma, with him on the briefs).
Vincent J. Falvo, Jr., United States Department of Justice, Washington, D.C. (Frank J. Marine, Senior Litigation Counsel, Washington, D.C., David E. O'Meila, United States Attorney, Northern District of Oklahoma, and Catherine Depew, Assistant United States Attorney, Northern District of Oklahoma, with him on the briefs), for Defendants-Appellants.
Stephen P. Collette, Long Beach, California, for Amici Curiae National Coalition Against Gambling Expansion, Stand Up For Kansas, and New Mexico Coalition Against Gambling.
Stephen B. Otto, Newport Beach, California, and Richard J. Wilson, Houston, Texas, for Amicus Curiae Cheyenne-Arapaho Gaming Commission.
Before HENRY, McWILLIAMS, and LUCERO, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HENRY, Circuit Judge.
This case requires us to interpret the Johnson Act, 15 U.S.C. §§ 1171-1178, and the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. §§ 2701-2719. Appellants are the federal agencies and officials who threatened to prosecute three Native American tribes for use of a device called the Magical Irish Instant Bingo Dispenser System, which we will call "the Machine." Appellees are the three tribes, as well as the corporation that...
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