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UTE INDIAN TRIBE v. MYTON

No. 15-4080.

832 F.3d 1220 (2016)

UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION, Plaintiff-Appellant, v. MYTON, a municipal corporation, Defendant-Appellee, and Duchesne County, a political subdivision of the State of Utah; Roosevelt City, a municipal corporation; Duchesne City, a municipal corporation; Uintah County, a political subdivision of the State of Utah; Wasatch County; Gary Herbert, in his capacity as Governor of Utah; Sean D. Reyes, in his capacity as Attorney General of Utah, Defendants. United States of America; The State of Utah, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 9, 2016.

Attorney(s) appearing for the Case

Frances C. Bassett and Jeffrey S. Rasmussen ( Thomas W. Fredericks and Jeremy J. Patterson , with them on the briefs), Fredericks Peebles & Morgan LLP, Louisville, Colorado, for Plaintiff-Appellant.

J. Craig Smith ( Clark R. Nielsen , Stephen L. Henriod , and Brett M. Coombs , with him on the brief), Smith Hartvigsen, PLLC, Salt Lake City, Utah, for Defendant-Appellee.

Gina L. Allery , Attorney, Environmental and Natural Resources Division of the United States Department of Justice, Washington, D.C. ( John C. Cruden , Assistant Attorney General, and Jennifer S. Neumann , Attorney, Environmental and Natural Resources Division of the United States Department of Justice, Washington, D.C., Barbara Coen , United States Department of the Interior, Washington, D.C., and Grant Vaughn , United States Department of the Interior, Salt Lake City, Utah, with her on the brief), for amicus curiae United States, in support of Plaintiff-Appellant.

Sean D. Reyes , Attorney General, Randy S. Hunter and Katharine H. Kinsman , Assistant Attorneys General, Tyler R. Green , Solicitor General, and Stanford E. Purser , Deputy Solicitor General, State of Utah, Salt Lake City, Utah, for amicus curiae State of Utah, in support of Defendant-Appellee.

Before GORSUCH, PHILLIPS, and MORITZ, Circuit Judges.

We're beginning to think we have an inkling of Sisyphus's fate. Courts of law exist to resolve disputes so that both sides might move on with their lives. Yet here we are, forty years in, issuing our seventh opinion in the Ute line and still addressing the same arguments we have addressed so many times before. Thirty...

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