CITY OF ROSEVILLE v. NORTON

No. 02-5277.

348 F.3d 1020 (2003)

CITY OF ROSEVILLE, et al., Appellants, v. Gale A. NORTON, in her official capacity as United States Secretary of Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 2003.


Attorney(s) appearing for the Case

William P. Horn argued the cause and filed the briefs for appellants. Barbara A. Miller and Harvey A. Levin entered appearances.

Stephen P. Collette was on the brief for amicus curiae National Coalition Against Gambling Expansion in support of appellant.

Seth P. Waxman argued the cause for appellee The United Auburn Indian Community. With him on the brief were Edward C. DuMont, Luke A. Sobota, and Howard Dickstein. Kirk R. Ruthenberg and Nicholas C. Yost entered appearances.

Elizabeth Ann Peterson, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief was William B. Lazarus, Attorney.

Before: ROGERS and ROBERTS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This appeal involves the intersection of two statutes concerning Indian tribes. The Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701-2721 (2003) ("IGRA"), prescribes the conditions under which Indian tribes may engage in commercial gaming on their reservations. The Auburn Indian Restoration Act, 25 U.S.C. §§ 1300l-1300l-7 (2003) ("AIRA"), restored the...

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