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091657P.pdf   10/19/2010  State of Nebraska  v.  United States Dept of Interior
   U.S. Court of Appeals Case No:  09-1657
   U.S. District Court for the Southern District of Iowa - Council Bluffs   
   [PUBLISHED] [Smith, Author, with Colloton, Circuit Judge, and
   Kornmann, District Judge]
   Civil case - Indian law. Case remanded to the National Indian Gaming
   Commission to permit that body to determine whether a valid agreement
   exists which would estop the Ponca Tribe from raising the restored land
   exception to the bar on using certain lands for gaming purposes; if the
   Commission determined that no valid agreement exists, it may then
   proceed to reexamine the question of whether the land in question is
   eligible for gaming under the Indian Gaming Regulatory Act's restored
   land exception; on remand the Department of the Interior and the Gaming
   Commission should also consider the impact of the Ponca Restoration
   Act on the restored land issue. Judge Kornmann, dissenting.