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DEWBERRY v. KULONGOSKI

No. Civ. 04-6175-AA.

406 F.Supp.2d 1136 (2005)

Susan DEWBERRY, Carole Holcombe, Suzanne Danielson, Arnold Buchman, Don Heath, and Dale Schaffner, Plaintiffs, v. The Honorable Theodore R. KULONGOSKI, Governor of the State of Oregon, Other Executive Officers in the State of Oregon, and the Confederated Tribes of Coos, Umpqua, and Siuslaw Indians, Defendants.

United States District Court, D. Oregon.

December 21, 2005.

Attorney(s) appearing for the Case

Kelly W.G. Clark, Kristian Roggendorf, O'Donnell & Clark LLP, Portland, OR, for plaintiffs.

Hardy Myers, Attorney General, Katherine G. Georges, Assistant Attorney General, Department of Justice, Salem, OR, for State of Oregon defendants.

Patricia L. Davis, Coos Bay, Oregon, Bruce R. Greene, Alice E. Walker, Greene, Meyer & McElroy, Boulder, CO, for Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.

Craig Dorsay, Portland, OR, for amicus Tribes.

OPINION AND ORDER

AIKEN, District Judge.

Plaintiffs filed suit against Governor Kulongoski, other State of Oregon executives (State defendants or the State), and the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (the Tribes), seeking a declaration that a gaming compact (the Compact) between the State and the Tribes is "unconstitutional, illegal, null and void." Complaint, ¶ 22. Plaintiffs allege that the Compact violates the prohibition...

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