No. 05-C-632-S.

402 F.Supp.2d 1008 (2005)

State of WISCONSIN, Plaintiff, v. HO-CHUNK NATION, Defendant.

United States District Court, W.D. Wisconsin.

December 8, 2005.

Attorney(s) appearing for the Case

Matthew J. Flynn, Cristina D. Hernandez-Malaby, Milwaukee, WI, for Plaintiff.

Lester J. Marston, Scott L. Johnson, Rapport & Marston, Ukiah, CA, Thomas M. Pyper, Whyte Hirschboeck Dudek S.C., Madison, WI, for Defendant.


SHABAZ, District Judge.

Plaintiff commenced this action for the appointment of an arbitrator pursuant to provisions of the gaming compact between the parties and the Federal Arbitration Act ("FAA"), 9 U.S.C. § 5, and has moved for an immediate appointment. Defendant has moved to dismiss the case for lack of jurisdiction and, alternatively, for failure to state a claim because the FAA does not extend to contracts between the state...

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