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KICKAPOO TRIBE OF INDIANS v. STATE OF KAN.

Nos. 92-4233-SAC, 92-4234-SAC.

818 F.Supp. 1423 (1993)

The KICKAPOO TRIBE OF INDIANS, of the Kickapoo Reservation in Kansas, a/k/a Kickapoo Nation in Kansas, et al., Plaintiffs, v. STATE OF KANSAS, Defendant. PRAIRIE BAND OF POTAWATOMI INDIANS, a federally recognized tribe, Plaintiff, v. STATE OF KANSAS, Defendant.

United States District Court, D. Kansas.

March 29, 1993.

Attorney(s) appearing for the Case

C. Bruce Works, Works, Works & Works, P.A., Topeka, KS, Robert L. Pirtle, Pirtle, Morisset, Schlosser & Ayer, Seattle, WA, for Potawatomi Indians, Prairie Band of, a federally recognized tribe, plaintiff.

Lance W. Burr, Lawrence, KS, Glenn M. Feldman, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A., Phoenix, AZ, for The Kickapoo Tribe of Indians, of the Kickapoo Reservation in Kansas and Steve Cadue, Tribal Chairman of the Kickapoo Nation in Kansas, plaintiffs.

John W. Campbell, Office of the Attorney General, Topeka, KS, for State of Kansas, defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

These consolidated cases come before the court on the defendant's motion pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure to dismiss for lack of jurisdiction. The State of Kansas argues the Eleventh Amendment precludes this court from exercising jurisdiction. The plaintiffs oppose the motion on several different grounds. The parties request oral argument on the motion. The court denies the request...

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