And now:Ish <[EMAIL PROTECTED]> writes: >Date: Tue, 29 Dec 1998 09:27:51 -0800 >From: Tom Schlosser <[EMAIL PROTECTED]> >Organization: Morisset Schlosser Ayer & Jozwiak, 801 2nd Ave., Ste. 1115, Seattle, WA 98104, 206 386 5200, (206 386 7322 fax) >Subject: U.S. District Court disconnects National Indian Lottery >Reply-To: [EMAIL PROTECTED] >X-Comment: Nevada Indian Environmental Coalition > > The ruling that closed the National Indian Lottery is Memorandum >Decision and Order, AT&T Corp. v. Coeur d'Alene Tribe, No. >CV97-392-N-EJL, U.S.D.C. Idaho December 17, 1998). You can get the >document in fax image format at >http://209.161.15.65/ecm/dc_images/10006980.tif Save the file to your >disk, then use Microsoft Imaging for Win95 (one of the Accessories) to >read it or print it. > > Judge Lodge rejected the tribal court's ruling that AT&T must not deny >the tribe 800# access for the lottery, on the ground that the tribal >court was wrong on a matter of federal law: the preemptive effect of >IGRA. Because the placing of a lottery wager is a "gaming activity" >within the meaning of 25 U.S.C. 2710(d)(1), Judge Lodge held, that >activity could be shielded from state law only if it occurs on "Indian >lands" and is authorized by a compact. While the tribe has a compact >with Idaho it does not have compacts with the States to be accessed by >the 800#. Therefore those States' laws banning or limiting lotteries >applied to activities off Indian lands. The judge denied as moot AT&T's >request for a ruling that the tribal court lacked authority to >adjudicate the dispute. However, he noted that federal courts are the >final arbiters of federal law, quoting FMC v. ShoBan, 905 F.2d 1311,1314 >(9th Cir. 1990). The tribe plans to appeal. > ><<<< To remove your name from this list send a message to "[EMAIL PROTECTED]" with the message "unsubscribe triballaw" >>>> > <<<<=-=-=FREE LEONARD PELTIER=-=-=>>>> If you think you are too small to make a difference; try sleeping in a closed room with a mosquito.... African Proverb <<<<=-=http://www.tdi.net/ishgooda/ =-=>>>> IF it says: "PASS THIS TO EVERYONE YOU KNOW...." Please Check it before you send it at: http://urbanlegends.miningco.com/library/blhoax.htm
