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10th Cir 29 Indian 9th Cir action affirmed agency agreement alleged Amendment apply argues argument asserts Attorney authority award casino Cayuga Cayuga Lake Circuit Judge citation omitted claim conclude Congress constitutional contract Counsel County Court of Appeals criminal decision defendants denied determine district court Double Jeopardy eagle emphasis added enacted federal court filed granted IGRA Indian Country Indian lands Indian tribes issue Judgment Fund jurisdiction jury lease litigation Major Crimes Act ment motion to dismiss Nation Native American Navajo Navajo Nation Nevada Newlands Project NIGC non-Indian Nonintercourse Act nonmember offense party plaintiffs prejudgment interest prosecution protection Public Law 280 pursuant qualified immunity quiet title regulations remand reservation rule S.Ct Secretary Sioux sovereign immunity sovereignty State's statute statutory summary judgment Supreme Court sweat lodge tion Treaty tribal court Tribal Law tribal sovereignty Truckee River United violation water rights