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SISSETON-WAHPETON SIOUX TRIBE v. U.S.

No. Civ. 91-1013.

804 F.Supp. 1199 (1992)

SISSETON-WAHPETON SIOUX TRIBE, Plaintiff, v. UNITED STATES of America and Richard Thornburgh in his capacity as Attorney General of the United States, Defendants.

United States District Court, D. South Dakota, N.D.

September 28, 1992.

Attorney(s) appearing for the Case

Bertram E. Hirsch, Floral Park, N.Y., Terry L. Pechota, Rapid City, S.D., for plaintiff.

Robert A. Mandel, Asst. U.S. Atty., Rapid City, S.D., for defendants.

MEMORANDUM OPINION

BATTEY, District Judge.

PROCEDURAL HISTORY

On July 11, 1991, plaintiff Sisseton-Wahpeton Sioux Tribe (tribe) filed a complaint seeking a declaration that keno and pick bingo are class II games and not class III games under the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-2721. Jurisdiction is premised on the existence of a question arising under federal law, 28 U.S.C. § 1331, and the availability of declaratory...

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