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U.S. v. SANTEE SIOUX TRIBE OF NEBRASKA

No. 02-1503.

324 F.3d 607 (2003)

UNITED STATES of America, Appellant, v. SANTEE SIOUX TRIBE OF NEBRASKA, a Federally Recognized Indian Tribe, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 20, 2003.

Attorney(s) appearing for the Case

Vincent J. Falvo, Jr. argued, Trial Attorney, U.S. Department of Justice, Washington, DC (Frank J. Marine, Senior Litigation Counsel, U.S. Dept. of Justice, Washington, DC, and Paul D. Boeshart, Asst. U.S. Atty., District of Nebraska, on the brief), for appellant.

Conly J. Schulte, argued, Omaha, NE (Benjamin W. Thompson, on the brief), for appellee.

A brief amici curiae was filed by Stephen P. Collette, Long Beach, CA, representing National Coalition Against Gambling Expansion, "Gambling with the Good Life" Nebraska, Casino Watch of Missouri, Citizens Uniting for Gambling Reform, Inc. (South Dakota), Stand Up for California and New Yorkers for Constitutional Freedoms.

Before MURPHY, BEAM, and MELLOY, Circuit Judges.

BEAM, Circuit Judge.

The government appeals from the district court's1 order granting the Santee Sioux Tribe (the Tribe) relief from a prior order of contempt. We affirm.

I. BACKGROUND

This is our third review of this case, which has an extensive factual and procedural history. In early 1993, the Tribe attempted to negotiate a compact with the State of Nebraska that would have permitted class III gaming on tribal lands...

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