STATE v. PUEBLO

No. 19-50400.

955 F.3d 408 (2020)

STATE of Texas, Plaintiff-Appellee, v. Ysleta Del Sur PUEBLO; The Tribal Council; Tribal Governor Michael Silvas or His Successor, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

REVISED April 3, 2020.


Attorney(s) appearing for the Case

Anne Marie Mackin , Benjamin Storey Lyles , Assistant Attorney General, Michael Abrams , Office of the Attorney General, General Litigation Division, Austin, TX, for Plaintiff-Appellee.

Brant Campbell Martin , Attorney, Wick Phillips Gould & Martin, L.L.P., Fort Worth, TX, Joseph Callister , Ethan A. Minshull , Wick Phillips Gould & Martin, L.L.P., Dallas, TX, Paul Merrill Chappell , McGuireWoods, L.L.P., Dallas, TX, for Defendants-Appellants.

Before DENNIS, GRAVES, and WILLETT, Circuit Judges.


For a generation, the State of Texas and a federally recognized Indian tribe, the Ysleta del Sur Pueblo, have litigated the Pueblo's attempts to conduct various gaming activities on its reservation near El Paso. This latest case poses familiar questions that yield familiar answers: (1) which federal law governs the...

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