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MATCH-E-BE-NASH-SHE-WISH BAND v. ENGLER

No. 1:00CV457.

173 F.Supp.2d 725 (2001)

MATCH-E-BE-NASH-SHE-WISH BAND OF POTTAWATOMI INDIANS, Plaintiff, v. John M. ENGLER, Governor of the State of Michigan, and The State of Michigan, Defendants.

United States District Court, W.D. Michigan, Southern Division.

May 1, 2001.

Attorney(s) appearing for the Case

Peter A. Smit, Varnum, Riddering, Schmidt & Howlett, LLP, Grand Rapids, MI, Conly J. Schulte, Monteau, Peebles & Marks, Omaha, NE, for plaintiff.

Keith D. Roberts, Jennifer M. Granholm, Atty. Gen. Lansing, MI, Eric J. Eggan, Lansing, MI, for defendants.

OPINION

ROBERT HOLMES BELL, District Judge.

Plaintiff Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (the Tribe) seeks to force the State of Michigan into negotiations for a casino pursuant to the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2710(d). Before the Court is the State's motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6), for failure to state a claim upon which relief may be granted. Because the Tribe does not meet the statutory...

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