96 Cal. Daily Op. Serv. 4264, 96 Daily Journal D.A.R. 6885 the Crow Tribe of Indians Crow Tribal Gaming Commission Absaloka Casino Enterprise, Inc. Clara Nomee Gavin Jefferson Henrietta Pretty on Top Leon Pretty Weasel Tyrone Ten Bear and Steven Stevens v. Marc Racicot, Individually and as Governor of the State of Montana Janet Jessup, Individually and in Her Capacity as Administrator of the Montana Gambling Control Division Joseph Mazurek, Individually and in His Capacity as Attorney General for the State of Montana Deanne Sandholm, Individually and in Her Capacity as Assistant Attorney General for the State of Montana Montana Gambling Control Division and the State of Montana

87 F.3d 1039 96 Cal. Daily Op. Serv. 4264 , 96 Daily Journal D.A.R. 6885 The CROW TRIBE OF INDIANS; Crow Tribal Gaming Commission; Absaloka Casino Enterprise, Inc.; Clara Nomee; Gavin Jefferson; Henrietta Pretty On Top; Leon Pretty Weasel; Tyrone Ten Bear; and Steven Stevens, Plaintiffs-Appellants, v. Marc RACICOT, individually and as Governor of the State of Montana; Janet Jessup, individually and in her capacity as Administrator of the Montana Gambling Control Division; Joseph Mazurek, individually and in his capacity as Attorney General for the State of Montana; Deanne Sandholm, individually and in her capacity as Assistant Attorney General for the State of Montana; Montana Gambling Control Division; and the State of Montana, Defendants-Appellees. No. 95-35407. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 1996. Decided June 14, 1996. John Fredericks, III, Fredericks, Pelcyger, Hester & White, Boulder, Colorado, for plaintiffs-appellants. Clay R. Smith, Solicitor, Attorney General of Montana, Helena, Montana, for defendants-appellees. Appeal from the United States District Court for the District of Montana. Before LAY, * CHOY, and LEAVY, Circuit…