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Firm fights bid to dismiss Mass. casino suit

BOSTON (AP) -- A company that filed a federal lawsuit challenging the constitutionality of a provision in the state's casino gambling law that gave preference to a native American tribe in southeast Massachusetts is fighting the state's bid to dismiss the suit.

In a brief filed Tuesday in U.S. District Court, KG Urban Enterprise rejects the state's contention that the lawsuit is moot because the Massachusetts Gaming Commission recently voted to accept preliminary casino applications from commercial developers.

The company, which hopes to build a casino in New Bedford, said the commission continues to leave open the possibility of denying a license to any commercial developer in favor of a tribal casino.

The Mashpee Wampanoag tribe has proposed a resort casino in Taunton, but faces several hurdles including the need for federal approval of a land-in-trust application.