KANSAS CITY, Kan. -- State officials have formally appealed a federal judge's order dismissing their challenge of a casino in Kansas City, Kan.

The decision sends the case back to the 10th U.S. Circuit Court of Appeals in Denver.

The appeals court last year dismissed the state's lawsuit claiming the 7th Street Casino is illegal. But two of the three judges recommended the case be restarted because of previous judicial mistakes.

U.S. District Judge Richard Rogers reopened the case in April but dismissed the case last month, saying the state couldn't challenge the federal government.

Kansas officials said the Oklahoma-based Wyandotte Nation tribe bought the property for the casino with federal dollars that were not allowed for such purposes.