United States Eighth Circuit

The district court erred in determining that consulting agreement, participation agreement and construction and loan agreement between a casino management firm and an Indian tribe, taken together, were not a management agreement requiring approval by the National Indian Gaming Commission ('NIGC') when the NIGC examined and concluded that the documents created a management agreement, and without such approval required under 25 U.S.C. 2711, the agreements were invalid.

Appellate Information

• Decided 06/07/2002
• Published 06/07/2002

Judges

• HEANEY, Circuit Judge., Before McMILLIAN, Chief Judge, HEANEY and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jay C. Shultz, argued, Rapid City, SD (Robert Gusinsky and James S. Sword, Rapid City, SD, on the brief), for appellant.


• For Appellees:
  
• Mark J. Briol, argued, Minneapolis, MN (Scott A. Benson and Amy J. Ihlan, Minneapolis, MN, Roberto A. Lange, Sioux Falls, SD, on the brief), for appellee.