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ABSENTEE SHAWNEE TRIBE OF INDIANS v. STATE OF KAN.

No. 86-2600.

862 F.2d 1415 (1988)

The ABSENTEE SHAWNEE TRIBE OF INDIANS OF OKLAHOMA, Daniel Little Axe, Governor, Plaintiff-Appellant, v. The STATE OF KANSAS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 23, 1988.

Attorney(s) appearing for the Case

Alvin D. Shapiro (Martha A. Fagg, Law Office of Alvin D. Shapiro, Kansas City, Mo., with him on the brief), Law Office of Alvin D. Shapiro, Kansas City, Mo., for plaintiff-appellant.

Robert T. Stephan (John W. Campbell, Deputy Atty. Gen., Topeka, Kan., on the brief), Atty. Gen., Topeka, Kan., for defendant-appellee.

Before McKAY, TACHA, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

The Absentee Shawnee Tribe of Indians of Oklahoma (Shawnees) appeal an order of summary judgment denying their claim to certain property located in Johnson County, Kansas. The issue on appeal is whether the Shawnees have superior title to this property under an 1854 treaty with the United States. We hold that they do not, and affirm.

The Shawnees seek possession and title to 11.97 acres of land...

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