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CITY OF DULUTH v. FOND DU LAC BAND

Nos. 11-3883, 11-3884.

702 F.3d 1147 (2013)

CITY OF DULUTH, Plaintiff-Appellee v. FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA, Defendant-Appellant. City of Duluth, Plaintiff-Appellant v. Fond du Lac Band of Lake Superior Chippewa, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 14, 2013.

Attorney(s) appearing for the Case

Vanya S. Hogen , argued, St. Paul, MN, Dennis J. Peterson , Cloquet, MN, Henry Martin Buffalo, Jr. , Jessica Intermill , St. Paul, MN, on the brief, for Appellant/Cross-Appellee.

David Parker Sullivan , argued, Madeira Beach, FL, Robert C. Maki , Alison Lutterman , Shawn Brent Reed , on the brief, Duluth, MN, for Appellee/Cross-Appellant.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

The central question raised in this appeal is whether certain aspects of the district court's 1994 consent decree1 involving the City of Duluth and the Fond du Lac Band of Lake Superior Chippewa should be dissolved. After the National Indian Gaming Commission (NIGC) decided that the parties' 1994 agreement was incompatible with federal law, the Band moved for dissolution...

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