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Writing for the majority, Judge Mary Schroeder found "nothing unreasonable about the regulation's intent to prevent restored tribes from acquiring additional land to operate multiple gaming operations.""Restored tribes, if allowed to operate an indefinite number of casinos on newly restored lands, would of course have an advantage over established tribes," Schroeder wrote, "but it is not clear that allowing restored tribes to move a casino to a different location would necessarily have the same effect."

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