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WISCONSIN v. HO-CHUNK NATION

No. 06-1053, 06-1837.

463 F.3d 655 (2006)

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

United States Court of Appeals, Seventh Circuit.

Decided September 11, 2006.

Attorney(s) appearing for the Case

Matthew J. Flynn (argued), Quarles & Brady, Milwaukee, WI, for Plaintiff-Appellee, Cross-Appellant.

Lester J. Marston (argued), Rapport & Marston, Ukiah, CA, Thomas M. Pyper, Whyte, Hirschboeck & Dudek, Madison, WI, for Defendant-Appellant, Cross-Appellee.

Before FLAUM, Chief Judge, and MANION and WILLIAMS, Circuit Judges.

MANION, Circuit Judge.

The State of Wisconsin and the Ho-Chunk Nation entered into a compact enabling the Ho-Chunk Nation to conduct certain gaming activities on its lands in exchange for making payments to Wisconsin. After a disagreement arose, Wisconsin sued the Ho-Chunk Nation to compel arbitration and to appoint an arbitrator. The district court exercised jurisdiction and appointed an arbitrator. The Ho-Chunk Nation appealed from that order, arguing that the court...

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