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State of Nebraska,ex rel. Jon Bruning,Attorney General of the State of Nebraska;State of Iowa,ex. rel. Thomas J. Miller,Attorney General of Iowa,Appellees,City of Council Bluffs,Iowa,Intervenor - Appellee,v. United States Department of Interior;Dirk Kempthorne,in his official capacity as Secretary of the United States Department of the Interior;National Indian Gaming Commission;Philip N. Hogen,in his official capacity as Chairman of the National Indian Gaming Commission;Cloyce V. Choney,in his official capacity as Vice Commissioner of the National Indian Gaming Commission;Norman H. Desrosiers,in his official capacity as Commissioner of the National Indian Gaming Commission,Appellants,Ponca Tribe of Nebraska,Amicus on Behalf of Appellant.