Richard M. SMITH; Donna Smith; Doug Schrieber; Susan Schrieber; Rodney A. Heise; Thomas J. Welsh; Jay Lake; Julie Lake; Kevin Brehmer; Ron Brinkman; Village of Pender, Plaintiffs-Appellants
State of Nebraska Intervenor, Plaintiff-Appellant
v.
Mitch PARKER, In his official capacity as Chairman of the Omaha Tribal Council; Barry Webster, In his official capacity as Vice-Chairman of the Omaha Tribal Council; Amen Sheridan, In his official capacity as Treasurer of the Omaha Tribal Council; Rodney Morris, In his official capacity as Secretary of the Omaha Tribal Council; Orville Cayou, In his official capacity as Member of the Omaha Tribal Council; Eleanor Baxter, In her official capacity as Member of the Omaha Tribal Council; Ansley Griffin, In his official capacity as Member of the Omaha Tribal Council and as the Omaha Tribe's Director of Liquor Control, Defendants-Appellees
The United States, Intervenor Defendant-Appellee.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: October 7, 2014.
Filed: December 19, 2014.
Attorney(s) appearing for the Case
Blake E. Johnson , Assistant Attorney General, argued, Lincoln, NE ( Ryan S. Post , Assistant Attorney General, on the brief), for appellant, State of Nebraska.
Gene Summerlin , argued, Lincoln, NE ( Marnie Jensen , and Mark D. Hill , on the brief), for appellants, Richard M. Smith, Donna Smith, Doug Schrieber, Susan Schrieber, Rodney A. Heise, Thomas J. Welsh, Jay Lake, Julie Lake, Kevin Brehmer, Ron Brinkman and Village of Pender.
Mark Jon Peterson , argued, Omaha, NE, ( Patricia A. Zieg , Nora Marie Kane , on the brief), for appellees Mitch Parker, Barry Webster, Amen Sheridan, Rodney Morris, Orville Cayou, Eleanor Baxter and Ansley Griffin; Rebuttal by Mr. Gene Summerlin for Richard M. Smith, Donna Smith, Doug Schrieber, Susan Schrieber, Rodney A. Heise, Thomas J. Welsh, Jay Lake, Julie Lake, Kevin Brehmer, Ron Brinkman and Village of Pender.
Before LOKEN, BEAM, and COLLOTON, Circuit Judges.
BEAM, Circuit Judge.
Appellants, the Village of Pender, Nebraska, and resident owners or agents of establishments in or near Pender engaged in the sale of alcoholic beverages, appeal the district court's1 denial of Appellants' motion for summary judgment requesting declaratory and injunctive relief from the Omaha Tribe...
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