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SAC & FOX TRIBE OF MISS. v. BUREAU OF INDIAN AFFS.

No. C 04-1-LRR.

360 F.Supp.2d 986 (2005)

SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA ELECTION BOARD, Plaintiff, v. BUREAU OF INDIAN AFFAIRS, Midwest Regional Director and Office of the Assistant Secretary-Indian Affairs, Aurene M. Martin, First Assistant and Principal Advisor, Defendants.

United States District Court, N.D. Iowa, Cedar Rapids Division.

March 2, 2005.

Attorney(s) appearing for the Case

Fred L. Dorr, Wasker, Dorr, Wimmer & Marcouiller, PC, West Des Moines, IA, Michael M. Mason, Portland, OR, Steven F. Olson, Bluedog Olson & Small, PLLP, Minneapolis, MN, Wilford H. Stone, Lynch, Dallas, PC, Cedar Rapids, IA, for Plaintiff.

Robert M. Butler, US Attorney's Office, Cedar Rapids, IA, for Defendants.

ORDER

READE, District Judge.

The matter before the court is a Motion to Dismiss (docket no. 38).

I. FACTUAL BACKGROUND

The Sac and Fox Tribe of the Mississippi in Iowa (the "Tribe") is a federally-recognized Indian Tribe with a Constitution dating from 1937. The Tribe's Meskwaki settlement is located in Tama County, Iowa. The Tribe operates the Meskwaki Casino•Bingo•Hotel (the "casino") under a state-tribal compact...

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