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TOMAC, TAX. OF MICH. AGAINST CASINOS v. NORTON

No. 05-5206.

433 F.3d 852 (2005)

TOMAC, TAXPAYERS OF MICHIGAN AGAINST CASINOS, a Michigan non-profit corporation, Appellant v. Gale A. NORTON, in her official capacity as Secretary of the United States Department of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 6, 2006.

Attorney(s) appearing for the Case

Robert J. Jonker argued the cause for appellant. With him on the brief were Daniel P. Ettinger, Joseph A. Kuiper, and Rebecca A. Womeldorf.

Lisa E. Jones, Attorney, U.S. Department of Justice, argued the cause for Federal Appellees. With her on the brief was Elizabeth A. Peterson, Attorney.

Kaighn Smith, Jr. argued the cause for Non-Federal Appellees. With him on the brief were Matthew T. McGrath and Cortney O. Morgan.

Before: GINSBURG, Chief Judge, RANDOLPH, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

HARRY T. EDWARDS, Senior Circuit Judge.

The Pokagon Band of Potawatomi Indians ("Pokagon Band" or "Tribe") consists of approximately 2,700 members. The Tribe has resided primarily in its ancestral homeland in the St. Joseph River Valley in southwestern Michigan and northern Indiana since at least 1634. See 25 U.S.C. § 1300j (2000); S. REP. NO. 103-266, at 1 (1994). After years of dealing...

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