8th Circuit U.S. Court of Appeals

Oral Argument 113883

113883P.pdf   01/14/2013  City of Duluth  v.  Fond Du Lac Band of Chippewa
U.S. Court of Appeals Case No:  11-3883
                          and No:  11-3884
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Murphy, Author, with Benton and Shepherd, Circuit Judges]
   Civil case - Indian Gaming Regulatory Act. A binding adjudication by
   a federal agency, which has been tasked with interpreting and enforcing a
   statute enacted by Congress, represents a change in the law for the
   purposes of Rule 60(b); here, the National Indian Gaming Commission's
   decision that the agreement between the parties concerning the operation
   of a casino was in violation of the Indian Gaming Regulatory Act made
   illegal what the earlier consent decree between the parties was designed
   to enforce, and the district court did not err in deciding to grant
   prospective relief from continued enforcement of the 1994 consent decree
   by dissolving the decree as it related to the years 2011-2036; the district
   court erred in concluding that it could not grant retrospective relief under
   Rule 60(b)(6) and its ruling denying retrospective relief on rent payments
   from 2009 to 2011 is reversed, and the question remanded for further
8th Circuit Court of Appeals

8th Circuit Court of Appeals

  8th Circuit U.S. Court of Appeals.

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