United States Ninth Circuit

Section 207 of the Federal Communications Act establishes exclusive jurisdiction in the FCC and federal district courts, thus, the Tribal Court lacked jurisdiction to entertain a Tribe's action to enjoin plaintiff from denying toll-free service to its lottery; plaintiff was not a proper party to challenge the legality of the lottery under the Indian Gaming Regulatory Act. (Amended opinion)

Appellate Information

• Argued 03/07/2000
• Decided 03/19/2002
• Published 07/17/2002

Judges

• Before: BROWNING, B. FLETCHER and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alan I. Gilbert, St. Paul, MN (States), and Corbin Weiss, Washington, DC (USA), for the amici curiae.


• For Appellees:
  
• Raymond Givens, Coeur d'Alene, ID, for the defendant-appellant., Howard Spierer, Basking Ridge, NJ, for the plaintiff-appellee.