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TIMBISHA SHOSHONE TRIBE v. U.S. DEPT. OF INTERIOR

No. 13-16182.

824 F.3d 807 (2016)

TIMBISHA SHOSHONE TRIBE; Joseph Kennedy; Angela Boland; Grace Goad; Erick Mason; Hillary Frank; Madeline Esteves; Pauline Esteves, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF the INTERIOR; Larry Echo Hawk; Amy Dutschke; Troy Burdick; Margaret Cortez; William Eddy; George Gholson; Clyde Nichols; Earl Frank; Donald Laverdue; Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2016.

Attorney(s) appearing for the Case

Jeffrey R. Keohane (argued), George Forman , Jay B. Shapiro , and Kimberly A. Cluff , San Rafael, California, for Plaintiffs-Appellants.

Mary Gabrielle Sprague (argued), Katherine J. Barton , and John C. Cruden , Assistant Attorney General, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Federal Defendants-Appellees.

James M. Birkelund (argued), Law Offices of James Birkelund, San Francisco, California; Mark A. Levitan , Sonora, California, for Tribal Council Defendants-Appellees.

Before: J. Clifford Wallace and Diarmuid F. O'Scannlain, Circuit Judges and Marilyn L. Huff, District Judge.

OPINION

Since at least 2002, several competing factions have vied for leadership authority over the Timbisha Shoshone Tribe. Faced with these competing claims of authority, the Department of Interior (Department) reviewed the electoral history and recognized one of the factions for a limited time until the...

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