State of OKLAHOMA, ex rel., Plaintiff-Appellee,
v.
Tiger HOBIA, as Town King and member of the Kialegee Tribal Town Business Committee; Thomas Givens, as 1st Warrior and member of the Kialegee Tribal Town Business Committee; Kialegee Tribal Town, a federally chartered corporation, Defendants-Appellants, and
Florence Development Partners, LLC, an Oklahoma limited liability company, Defendant.
The State of New Mexico; State of Michigan, Amici Curiae.
State of Oklahoma, ex rel., Plaintiff-Appellee,
v.
Florence Development Partners, LLC, an Oklahoma limited liability company, Defendant-Appellant, and
Tiger Hobia, as Town King and member of the Kialegee Tribal Town Business Committee; Thomas Givens, as 1st Warrior and member of the Kialegee Tribal Town Business Committee; Kialegee Tribal Town, a federally chartered corporation, Defendants.
The State of New Mexico; State of Michigan, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 10, 2014.
November 10, 2014.
Attorney(s) appearing for the Case
Matthew Justin Kelly of Fredericks Peebles & Morgan LLP, Washington, DC, ( Martha L. King of Fredericks Peebles & Morgan LLP, Louisville, CO; Dennis J. Whittlesey, Jr. of Dickinson Wright PLLC, Washington, DC; H. James Montalvo , Law Offices of H. James Montalvo, P.A., South Miami, FL, with him on the briefs), for Defendants-Appellants.
Gary K. King , Attorney General, State of New Mexico, Santa Fe, NM, and Christopher D. Coppin , Special Assistant Attorney General, State of New Mexico, Albuquerque, NM, filed an amicus curiae brief for the State of New Mexico.
Before BRISCOE, Chief Judge, KELLY and BACHARACH, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRISCOE, Chief Judge.
We once again address the subject of Indian gaming and, following the lead of the Supreme Court's recent decision in Michigan v. Bay Mills Indian Cmty., ___ U.S. ___, 134 S.Ct. 2024, 188 L.Ed.2d 1071 (2014), emphasize that any federal cause of action brought pursuant to 25 U.S.C. § 2710(d)(7)(A)(ii) of the Indian Gaming Regulatory Act (IGRA) to enjoin class III gaming activity must allege and ultimately...
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