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DAVIS EX REL. DAVIS v. U.S.

No. 02-6198.

343 F.3d 1282 (2003)

Sylvia Davis, as Guardian and Next Friend for Donnell E. Davis; Dosar-Barkus Band of the Seminole Nation of Oklahoma; Bruner Band of the Seminole Nation of Oklahoma, Plaintiffs-Appellants, v. UNITED STATES of America; Department of Interior; Bureau of Indian Affairs; Gale Norton, Secretary of the Interior, her agents, employees and successors; Neal A. McCaleb, Assistant Secretary of the Interior for Indian Affairs, his agents, employees and successors; Gloria Spybuck, Superintendent, Bureau of Indian Affairs, Wewoka Agency; and Jeanette Hanna, Regional Director, Bureau of Indian Affairs, Eastern Oklahoma Regional Officer, her agents, employees and successors, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 10, 2003.

Attorney(s) appearing for the Case

Franklin B. Velie of Salans Hertzfeld Heilbronn Christy & Viener, New York, N.Y. (Mark H. Goldey of Salans Hertzfeld Heilbronn Christy & Viener, New York, NY; Jonathan T. Velie and William B. Velie of Velie & Velie, Norman, OK, with him on the briefs), for Plaintiffs-Appellants.

Aaron P. Avila, Attorney, United States Department of Justice, Environment & Natural Resources Division, Washington, DC (Thomas L. Sansonetti, Assistant Attorney General; Robert G. McCambell, United States Attorney, Arvo Q. Mikkanen, Assistant United States Attorney, Oklahoma City, OK; John A. Bryson, Attorney, United States Department of Justice, Environment & Natural Resources Division, Washington, DC; Susan K. Ehlen, Charles R. Babst Jr., United States Department of the Interior, Office of the Solicitor, Tulsa, OK, of counsel, with him on the brief), for Defendants-Appellees.

Before MURPHY, BALDOCK and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiffs are two bands of the Seminole Nation of Oklahoma (the Tribe) — the Dosar Barkus and Bruner Bands — and Sylvia Davis as the guardian and next friend of Donnell E. Davis, a member of the Dosar Barkus Band. They claim that because of their African ancestry, they have been systematically denied benefits routinely provided to other members of the Tribe. Plaintiffs did not sue the Tribe itself but instead brought suit against...

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