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MICHIGAN v. BAY MILLS INDIAN COMMUNITY

No. 11-1413.

695 F.3d 406 (2012)

State of MICHIGAN and Little Traverse Bay Bands of Odawa Indians, Plaintiffs-Appellees, v. BAY MILLS INDIAN COMMUNITY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2012.

Attorney(s) appearing for the Case

ARGUED: Kathryn L. Tierney, Bay Mills Indian Community, Brimley, Michigan, for Appellant. Margaret Bettenhausen, Office of the Michigan Attorney General, Lansing, Michigan, Conly J. Schulte, Fredericks, Peebles & Morgan, Louisville, Colorado, for Appellees. ON BRIEF: Kathryn L. Tierney, Chad P. DePetro, Bay Mills Indian Community, Brimley, Michigan, for Appellant. Louis B. Reinwasser, Office of the Michigan Attorney General, Lansing, Michigan, Conly J. Schulte, Fredericks, Peebles & Morgan, Louisville, Colorado, John Petoskey, Fredericks Peebles & Morgan LLP, Peshawbestown, Michigan, James A. Bransky, Little Traverse Bay Bands of Odawa Indians, Traverse City, Michigan, for Appellees.

Before: BOGGS, NORRIS, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

The State of Michigan and the Little Traverse Bay Bands of Odawa Indians ("Little Traverse") brought this suit to prevent the Bay Mills Indian Community from operating a small casino in Vanderbilt, Michigan. Vanderbilt itself is a small town located in the northern part of Michigan's Lower Peninsula, in forest country more than 30 miles from the nearest Great Lake. Its population, according to Census Bureau estimates, has...

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