Finding that tribe waived sovereign immunity by filing suit but the waiver was limited to adjudicating claims for "recoupment—arising out of the same transaction or occurrence which is the subject matter of the [tribe's] suit ... but the [tribe] does not waive immunity as to claims which do not meet the ‘same transaction or occurrence test’ nor to claims of a different form or nature than that sought by it as plaintiff."
Holding that a more deferential standard of review is appropriate only for a "separate, insular judicial system" and is not required where appeals from the territorial trial court go directly to the federal district court
In Inter-Continental Promotions, Inc. v. MacDonald, 367 F.2d 293, 296 (5th Cir. 1966),cert. denied, 393 U.S. 834, 89 S.Ct. 105, 21 L.Ed.2d 104 (1968), the court first noted that "[t]here is no doubt that a contract to perform an illegal act is void and will not be enforced in Florida courts."