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IDAHO v. SHOSHONE-BANNOCK TRIBES

No. 04-35636.

465 F.3d 1095 (2006)

State of IDAHO; Idaho State Lottery, Defendants-cross-plaintiffs-Appellants, v. SHOSHONE-BANNOCK TRIBES, a federally recognized Indian Tribe; Fort Hall Business Council; Shoshone-Bannock Tribal Gaming Commission, Plaintiff-cross-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2006.

Attorney(s) appearing for the Case

Michael S. Gilmore, Deputy Attorney General, Boise, ID, for the defendants-cross-plaintiffs-appellants.

Scott D. Crowell, Kirkland, WA, for the plaintiff-cross-defendants-appellees.

Before: CANBY, GOULD, and BEA, Circuit Judges.

CANBY, Circuit Judge:

Idaho appeals the district court's grant of summary judgment to the Shoshone-Bannock Tribes ("Tribes")1 in their declaratory judgment action regarding the types of games they may offer pursuant to their tribal-state gaming Compact ("Compact") with Idaho. The court ruled that the Tribes could operate tribal video gaming machines without renegotiating their Compact to limit the numbers of games and to require payments...

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