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WELLS FARGO BANK v. LAKE OF THE TORCHES

No. 10-2069.

658 F.3d 684 (2011)

WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee, Plaintiff-Appellant, v. LAKE OF THE TORCHES ECONOMIC DEVELOPMENT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 2011.

Rehearing En Banc Denied October 28, 2011.

Attorney(s) appearing for the Case

James A. Klenk (argued), Attorney, SNR Denton US LLP, Chicago, IL, Bryan K. Nowicki , Attorney, Reinhart, Boerner, Van Deuren, Madison, WI, for Plaintiff-Appellant.

Monica Riederer (argued), Attorney, Hansen Riederer Dickinson Crueger, Milwaukee, WI, Vanya S. Hogen , Jacobson, Buffalo, Magnuson, Anderson & Hogen, P.C., St. Paul, MN, for Defendant-Appellee.

Leonard Weiser-Varon , Attorney, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, MA, for Amicus Curiae, National Federation of Municipal Analysts.

Steven J. Gunn , Attorney, Washington University School of Law, Interdisciplinary Environmental Clinic, St. Louis, MO, for Amicus Curiae, National Indian Gaming Association.

Before FLAUM, RIPPLE and EVANS., Circuit Judges.

RIPPLE, Circuit Judge.

Wells Fargo Bank, N.A. brought this action in the United States District Court for the Western District of Wisconsin against Lake of the Torches Economic Development Corporation ("Lake of the Torches" or "the Corporation"), a tribal corporation wholly owned by a federally recognized Indian tribe. Acting in its capacity as Wells Fargo alleged that Lake of the Torches had breached a bond indenture and...

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