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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