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The court went on to hold that “gaming cannot lawfully occur on the Buffalo parcel under the settlement of a land claim exception,” and vacated the NIGC’s approval of the tribe’s amended ordinance. One of their challenges was to the NIGC’s approval of the tribe’s gaming ordinance. The 2007 approval expressly found that the parcel was “Indian lands,” and qualified for the “settlement of a land claim” exception. Recall that the Seneca Nation purchased the Buffalo parcel with funds from the federal Seneca Nation Settlement Act. The plaintiffs also claimed that the Buffalo parcel did not qualify for the “settlement of a land claim” exception to IGRA’s general prohibition against gaming on newly acquired lands, so that Chairman Hogen’s conclusion on this point is arbitrary and capricious. This prompts more general payouts, especially if the picture is the wild picture. If players wager in this mode they will use only the default payout table, that pays when three or more like pictures appear from left to right on an engaged payline in a manner of speaking.

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