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U.S. EX REL. BERNARD v. CASINO MAGIC CORP.

Nos. 03-3043, 03-3149.

384 F.3d 510 (2004)

UNITED STATES of America, ex rel. Maynard BERNARD, Appellant, v. CASINO MAGIC CORP., a Minnesota Corporation; Casino Magic American Corp., a Minnesota Corporation, Appellees. United States of America, ex rel. Maynard Bernard, Appellee, v. Casino Magic Corp., a Minnesota Corporation; Casino Magic American Corp., a Minnesota Corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 13, 2004.

Attorney(s) appearing for the Case

Jay C. Schultz, argued, Rapid City, SD (Robert Gusinsky, on the brief), for appellant.

Mark. K. Briol, argued, Minneapolis, MN (Scott A. Benson and Joseph Musilek, Minneapolis, MN, Roberto A. Langue, Sioux Falls, SD, on the brief), for appellee.

Before MURPHY, HEANEY, and MAGILL, Circuit Judges.

HEANEY, Circuit Judge.

This is the second time this case has come before this court. The first time, the United States through its relator (collectively the United States or government) disputed the legality of contracts involving a casino project between the Sisseton-Wahpeton Sioux Tribe (the Tribe) and Casino Magic Corporation (Casino Magic). We declared the contracts illegal and remanded for a determination of damages...

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