Ottawa Tribe of Okla. v. Speck
District Court, N.D. Ohio
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ZOUHARY, District Judge.
INTRODUCTION
This matter is before the Court on Defendant Speck’s Motion to Dismiss (Doc. No. 25). Defendant advances nine separate grounds for dismissal. Based upon the written briefs and the oral hearing held on July 13, 2006, the Court denies the Motion. This Order is supplemented by the transcript of the hearing.
1) JUSTICIABLE CONTROVERSY
Speck argues the Tribe does not establish a justiciable dispute regarding the Tribe’s commercial hunting and fishing rights because the Tribe is not present in Ohio and, without the Tribe’s presence, the…
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