SAC & FOX TRIBE v. BUREAU OF INDIAN AFFAIRS

No. 05-2106.

439 F.3d 832 (2006)

SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA, ELECTION BOARD, Appellant, v. BUREAU OF INDIAN AFFAIRS; Midwest Regional Director, and Office of the Assistant Secretary — Indian Affairs; Aurene M. Martin; First Assistant & Principal Advisor; Sac & Fox Tribe of the Mississippi in Iowa, Tribal Council, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 3, 2006.


Attorney(s) appearing for the Case

Fred L. Dorr, argued, West Des Moines, IA (Michael D. Mason of Portland, Oregon, on the brief), for appellant.

Elizabeth Ann Peterson, argued, U.S. Department Of Justice, Washington, D.C. (Robert M. Butler, AUSA, Cedar Rapids, IA; and William B. Lazarus and David C. Shilton with USDOJ, Washington, DC., on the brief), for appellees.

Steven F. Olson, argued, Bloomington, MN (Jeffrey S. Rasmussen of Bloomington, MN, on the brief), for Sac and Fox Tribe.

Before WOLLMAN, LAY, and ARNOLD, Circuit Judges.


WOLLMAN, Circuit Judge.

Sac & Fox Tribe of the Mississippi River in Iowa Election Board (Peters Election Board) appeals the district court's1 dismissal of its case for lack of federal jurisdiction. We affirm.

I.

The Sac and Fox Tribe of the Mississippi in Iowa (Tribe) is a federally recognized Indian tribe that operates the Meskwaki Casino•Bingo•Hotel (Casino). The Tribe's constitution provides that...

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