United States Sixth Circuit

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Sault Ste. Marie Tribe of Chippewa Indians v. Granholm, 05-2146, 05-2603

In a dispute involving gaming on tribal lands and required payments by casinos to the government, grant of a Motion to Enforce Stipulation and Consent Judgment in favor of the governor of Michigan is reversed where: 1) although disputed promotional tokens at issue were no longer in use, the case was not moot; 2) district court committed reversible error by concluding that no latent ambiguity existed with respect to the meaning of "wager" as the term is used in the gaming industry, without first considering extrinsic evidence; and 3) it erred in concluding that tokens had a cash value of twenty-five cents without first considering extrinsic evidence offered by plaintiff.

Appellate Information

  • Decided 01/30/2007
  • Published 01/30/2007

Judges

  • Before CLAY and ROGERS, Circuit Judges;  KATZ, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Anthony Mancilla III, Hannahville Indian Community, Wilson, Michigan, for Appellant.  Todd B. Adams, Office of the Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Anthony Mancilla III, Hannahville Indian Community, Wilson, Michigan, Paul W. Shagen, Raymond & Prokop, Sault Saint Marie, Michigan, for Appellant.  Todd B. Adams, Office of the Attorney General, Lansing, Michigan, for Appellee.