Legal Opinion
United States of America, Ex Rel. Maynard Bernard v. Casino Magic Corp., a Minnesota Corporation Casino Magic American Corp., a Minnesota Corporation
Court of Appeals for the Eighth Circuit
Decided August 22, 2002No. 01-2024PublishedCited by 46 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
The United States and its relator, Maynard Bernard, appeal an adverse grant of summary judgment in this qui tam action. 1 We hold the district court erred as a matter of law in concluding there was no management agreement, and reverse and remand for further action consistent with this opinion.
I. Background
A. Management and Consulting Agreements
We adopt the factual findings of the district court, which we summarize here. In 1993, the Sisseton-Wahpeton Sioux Tribe (the Tribe) became interested in building and operating a casino on Indian trust land within the Tribe’s Lake…
2Cases cited5 opinions
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- Popp Telcom, Formerly Known as Ldb International Corporation, Inc., Humbird Securities, Company Northern Securities, Company, Washington Sharecom, Inc. v. American Sharecom, Inc. Steven C. Simon James J. Weinert William J. King, Popp Telcom, Formerly Known as Ldb International Corporation, Inc., Humbird Securities, Company Northern Securities, Company, Washington Sharecom, Inc. v. American Sharecom, Inc. Steven C. Simon James J. Weinert William J. KingCourt of Appeals for the Eighth Circuit · 2000
- Jacqueline Stanback v. Best Diversified Products, Inc.Court of Appeals for the Eighth Circuit · 1999
- Bruce H. Lien Co. v. Three Affiliated TribesCourt of Appeals for the Eighth Circuit · 1996
- United States Ex Rel. John Yellow Bird Steele v. Turn Key Gaming, Inc. Wayne BarberCourt of Appeals for the Eighth Circuit · 2001
3Cited by46 opinions
- Catskill Development, L.L.C. v. Park Place Entertainment Corp.Court of Appeals for the Second Circuit · 2008
- First American Kickapoo Operations, L.L.C., a Nevada Limited Liability Company v. Multimedia Games, Inc.Court of Appeals for the First Circuit · 2005
- Wells Fargo Bank, National Ass'n v. Lake of the Torches Economic Development Corp.Court of Appeals for the Seventh Circuit · 2011
- Stifel, Nicholaus & Co. v. Lac Du Flambeau Band of Lake Superior Chippewa IndiansCourt of Appeals for the Seventh Circuit · 2015
- Debary v. Harrah's Operating Co., Inc.District Court, S.D. New York · 2006
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