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NORTHERN ARAPAHO TRIBE v. OF WYOMING

Nos. 02-8026, 02-8031.

389 F.3d 1308 (2004)

NORTHERN ARAPAHO TRIBE, Plaintiff-Appellee/Cross-Appellant, v. State of WYOMING and Governor Jim Geringer, his agents, employees and successors, in their official capacities, Defendant-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

November 23, 2004.

Attorney(s) appearing for the Case

Craig E. Kirkwood, Senior Assistant Attorney General (Patrick J. Crank, Attorney General, and John W. Renneisen, Deputy Attorney General, with him on the briefs), Cheyenne, WY, for Defendants-Appellants/Cross-Appellees.

Andrew W. Baldwin, Baldwin & Crocker, P.C., Lander, WY, for Plaintiff-Appellee/Cross-Appellant.

Before SEYMOUR, HENRY and LUCERO, Circuit Judges.

SEYMOUR, Circuit Judge.

The Northern Arapaho Tribe brought an action seeking a declaration that the state of Wyoming failed to negotiate in good faith with the Tribe in violation of the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701 et seq. Partially granting the Tribe's motion for judgment on the pleadings, the district court held that Wyoming failed to negotiate in good faith with regard to calcutta and parimutuel wagering and ordered the...

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