United States Tenth Circuit

Entry of a preliminary injunction barring a tribe from conducting gaming on a piece of land is vacated where the district court, in clear violation of Fed. R. Civ. P. 65(a), provided the tribe with no notice that they were going to be enjoined, and there was no legal basis for the district court's action.

Appellate Information

• Decided 04/10/2006
• Published 04/10/2006

Judges

• LUCERO, Circuit Judge., Before LUCERO, BRORBY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

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


• For Appellees:
  
• 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.