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OMAHA TRIBE OF NEBRASKA v. BARNETT

No. 8:02CV126.

245 F.Supp.2d 1049 (2003)

OMAHA TRIBE OF NEBRASKA, Plaintiff, v. Mark BARNETT, in his official capacity as Attorney General of the State of South Dakota; Thomas J. Miller, in his official capacity as Attorney General of the State of Iowa; and Jeremiah W. (Jay) Nixon, in his official capacity as Attorney General of the State of Missouri, Defendants.

United States District Court, D. Nebraska.

February 24, 2003.

Attorney(s) appearing for the Case

Gregory Barnes, Todd S. Jones, Attorney General's Office, Jefferson City, MO, for Jeremiah W. Nixon.

Henry M. Buffalo, Jr., Allison F. Eklund, Jacobson, Buffalo Law Firm, St. Paul, MN, Lyman L. Larsen, Michael J. Leahy, Stinson, Morrison Law Firm, Omaha, NE, for Omaha Tribe of Nebraska.

Lynne R. Fritz, Attorney General's Office, Lincoln, NE, for Don Sternberg.

John P. Guhin, Jeffrey P. Hallem, Attorney General's Office, Pierre, SD, for Mark Barnett.

Donald D. Stanley, Jr., Attorney General's Office, Des Moines, IA, for Thomas J. Miller.

MEMORANDUM AND ORDER

BATAILLON, District Judge.

INTRODUCTION

This matter is before the court on defendants' (attorneys general of South Dakota, Missouri and Iowa) motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(3) for lack of personal jurisdiction and improper venue, Filing Nos. 64 and 88, and defendants' motions to dismiss for failure to state a claim, Filing Nos. 36 and 86. Defendants have also moved for judicial notice. Filing...

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