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COLORADO RIVER INDIAN TRIBES v. NATIONAL INDIAN GAMING COMMISSION

No. 05-5402.

466 F.3d 134 (2006)

COLORADO RIVER INDIAN TRIBES, A FEDERALLY RECOGNIZED INDIAN TRIBE, APPELLEE, v. NATIONAL INDIAN GAMING COMMISSION, ET AL., APPELLANTS

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 2006.

Attorney(s) appearing for the Case

Todd S. Aagaard, Attorney, U.S. Department of Justice, argued the cause and filed the briefs for federal appellants. Edward J. Passarelli, Attorney, U.S. Department of Justice, entered an appearance.

Gwenellen P. Janov argued the cause for appellee. With her on the brief were Samuel D. Gollis and Kim Hoyt Sperduto.

Thomas M. Brownell and Scott D. Crowell were on the brief for amici curiae National Indian Gaming Association, et al. in support of appellee.

Before: RANDOLPH and TATEL, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This is an appeal from an order of the district court, Bates, J., granting summary judgment in favor of the Colorado River Indian Tribes and against the National Indian Gaming Commission, the Commission's Chairman, and two of its members. Colo. River Indian Tribes v. Nat'l Indian Gaming Comm'n, 383 F.Supp.2d 123 (D.D.C. 2005). The...

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