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OTTAWA TRIBE OF OKLA. v. SPECK

No. 3:05 CV 7272.

447 F.Supp.2d 835 (2006)

OTTAWA TRIBE OF OKLAHOMA, Plaintiff, v. Samuel SPECK, Director Ohio Department of Natural Resources, Defendant.

United States District Court, N.D. Ohio, Western Division.

July 31, 2006.

Attorney(s) appearing for the Case

Daniel T. Spitler, Spitler, Huffman, Yoon & Newlove, Bowling Green, OH, Richard D. Rogovin, William M. Harter, Frost Brown Todd, Columbus, OH, William C. Caughey, Perrysburg, OH, for Plaintiff.

Damian W. Sikora, Sharon A. Jennings, Office of the Attorney General, Columbus, OH, for Defendant.

MEMORANDUM OPINION AND ORDER

ZOUHARY, District Judge.

INTRODUCTION

This matter is before the Court on Defendant Speck's Motion to Dismiss (Doc. No. 25). Defendant advances nine separate grounds for dismissal. Based upon the written briefs and the oral hearing held on July 13, 2006, the Court denies the Motion. This Order is supplemented by the transcript of the hearing.

1) JUSTICIABLE CONTROVERSY

Speck argues the Tribe...

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