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WYANDOTTE NATION v. SEBELIUS

Nos. 04-3431, 04-3432.

443 F.3d 1247 (2006)

WYANDOTTE NATION, a Federally Recognized Indian Tribe, Plaintiff-Appellant, v. Kathleen SEBELIUS, in her official capacity as Governor of Kansas; William R. Seck, in his official capacity as the Superintendent of the Kansas State Highway Patrol; Ronald Miller, in his official capacity as Chief of Police, City of Kansas City, Kansas; Larry Welch, in his official capacity as Director of the Kansas Bureau of Investigation; Joe Reardon, in his official capacity as Mayor, City of Kansas City, Kansas; Phill Kline, in his official capacity as Attorney General for the State of Kansas; Phillip L. Sieve, in his official capacity as District Court Judge for the State of Kansas, County of Wyandotte; Nick A. Tomasic, in his official capacity as Wyandotte County, Kansas District Attorney, Defendants-Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 7, 2006.

Attorney(s) appearing for the Case

Conly Schulte, Monteau & Peebles, L.L.P., Omaha, NE (Shilee T. Mullin with counsel on the briefs) for Plaintiff-Appellant.

Steven D. Alexander, Assistant Attorney General, Topeka, KS (Phill Kline, Attorney General; David W. Davies, Deputy Attorney General, Topeka, KS, with counsel on the briefs) for Defendants-Appellees.

R. Justin Smith, United States Department of Justice, Washington, DC (Kelly A. Johnson, Acting Assistant Attorney General; William B. Lazarus, Todd S. Aagaard, United States Department of Justice, Washington, DC; Maria Getoff and Andrea Lord, Staff Attorneys, National Indian Gaming Commission with counsel on the briefs) for Amicus Curiae.

Before LUCERO, BRORBY, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

The Wyandotte Nation, a federally recognized Indian Tribe, appeals the entry of a preliminary injunction barring the tribe from conducting gaming on the Shriner Tract in Kansas City, Kansas. Kathleen Sebelius, the Governor of Kansas, and various other Kansas officials cross-appeal, challenging an injunction preventing them from enforcing Kansas's gaming laws on the Shriner Tract and ordering them to return money and property seized when Kansas...

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