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GRAND TRAVERSE BAND v. OFFICE OF U.S. ATTY.

No. 02-1679.

369 F.3d 960 (2004)

GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS, Plaintiff-Appellee, v. OFFICE OF THE U.S. ATTORNEY FOR THE WESTERN DISTRICT OF MICHIGAN, Defendant, State of Michigan, Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 24, 2004.

Attorney(s) appearing for the Case

John F. Petoskey (briefed), Grand Traverse Band Legal Department, Peshawbestown, MI, Riyaz A. Kanji (argued and briefed), Phillip F. Katzen (briefed), Wenona T. Singel, Kanji & Katzen, Ann Arbor, MI, Matthew Fletcher, Grand Traverse Band of Ottawa & Chippewa Indians, Peshawbestown, MI, William Rastetter, Olson & Bzdok, Traverse City, MI, for Plaintiffs-Appellees.

John M. Charamella (argued and briefed), Office of the Attorney General, Native American Affairs Section Constitution Hall, Lansing, MI, for Plaintiff-Appellee.

Before: MARTIN and CLAY, Circuit Judges; MILLS, District Judge.

OPINION

CLAY, Circuit Judge.

The State of Michigan, the intervenor in this litigation, appeals the April 22, 2002, order of the district court, declaring that it is permissible for the Grand Traverse Band of Ottawa and Chippewa Indians ("the Band") to conduct casino-style gaming at a site which is located off of the Band's initial reservation and which was acquired and placed in trust for the Band after the enactment of the Indian Gaming Regulatory Act,...

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