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CITIZENS EXPOSING TRUTH ABOUT CASINOS v. KEMPTHORNE

No. 06-5354.

492 F.3d 460 (2007)

CITIZENS EXPOSING TRUTH ABOUT CASINOS, a Michigan Non-Profit Corporation, Appellant v. Dirk KEMPTHORNE, in his Official Capacity as Secretary of the United States Department of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 3, 2007.

Attorney(s) appearing for the Case

John J. Bursch argued the cause for appellant. On the briefs were Rebecca A. Womeldorf, Robert J. Jonker, Daniel P. Ettinger, and Joseph A. Kuiper.

Aaron P. Avila, Attorney, U.S. Department of Justice, argued the cause for appellees Dirk Kempthorne, et al. With him on the brief was Todd S. Aagaard, Attorney. Lisa E. Jones, Attorney, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.

Reid Payton Chambers argued the cause for appellee Nottawaseppi Band of Huron Potawatomi Indians. With him on the brief were Mary J. Pavel, Arthur Lazarus, Jr., and Addie C. Rolnick. Vanessa L. Ray-Hodge entered an appearance.

Michael A. Cox, Attorney General, Attorney General's Office of the State of Michigan, Thomas L. Casey, Solicitor General, and Todd B. Adams, Assistant Attorney General, were on the brief of amici curiae State of Michigan and Michigan Governor Jennifer M. Granholm in support of appellee.

Before: SENTELLE, ROGERS and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In 2002, the Assistant Secretary of the Bureau of Indian Affairs of the Department of Interior decided to take 78.26 acres of farmland in Calhoun County, Michigan into trust for use by the Nottawaseppi Huron Band of Potawatomi Indians ("the Band") to construct and operate a Class III gambling casino under the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. § 2701 et seq.<...

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