MATCH-E-BE-NASH-SHE-WISH BAND v. KEAN-ARGOVITZ

No. 03-1267.

383 F.3d 512 (2004)

MATCH-E-BE-NASH-SHE-WISH BAND OF POTTAWATOMI INDIANS, a Federally Recognized Indian Tribe, Plaintiff-Appellee, v. KEAN-ARGOVITZ RESORTS and Kean-Argovitz Resorts, Michigan, L.L.C., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 8, 2004.


Attorney(s) appearing for the Case

Conly J. Schulte (argued and briefed), Shilee T. Mullin (briefed), Monteau & Peebles, Omaha, NE, for Plaintiff-Appellee.

Ronald S. Lederman (argued and briefed), Sullivan, Ward, Asher & Patton, Southfield, MI, for Defendants-Appellants.

Before GILMAN and COOK, Circuit Judges; CLELAND, District Judge.


GILMAN, J., delivered the opinion of the court, in which COOK, J., joined. CLELAND, D.J., (pp. 518-21), delivered a separate concurring opinion.

OPINION

GILMAN, Circuit Judge.

In November of 1998, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (the Tribe) entered into two agreements with Kean-Argovitz Resorts and Kean-Argovitz Resorts, Michigan, L.L.C. (collectively KAR) relating to the development and management of a proposed gaming facility...

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