TONKAWA TRIBE OF OKLAHOMA v. RICHARDS

Nos. 94-50369, 94-50541.

67 F.3d 103 (1995)

The TONKAWA TRIBE OF OKLAHOMA, in its sovereign capacity and as a representative of its members, Plaintiff-Appellee, v. Ann RICHARDS, individually, George W. Bush, Jr., in his official capacity as the Governor of the State of Texas, Garry Mauro, individually and in his official capacity as Land Commissioner of the State of Texas, and the State of Texas, Defendants-Appellants. The TONKAWA TRIBE OF OKLAHOMA, in its sovereign capacity and as a representative of its members, Plaintiff-Appellant, Cross Appellee, v. Ann RICHARDS, individually, George W. Bush, Jr., in his official capacity as the Governor of the State of Texas, Garry Mauro, individually and in his official capacity as Land Commissioner of the State of Texas, and the State of Texas, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

October 23, 1995.


Attorney(s) appearing for the Case

Rande K. Herrell, Mary A. Keeney, Priscilla M. Hubenak, Asst. Attys. Gen., Dan Morales, Atty. Gen. for Texas, Austin, TX, for appellants in No. 94-50369.

Thomas A. Graves, Figari & Davenport, Dallas, TX, for appellee in No. 94-50369.

Thomas A. Graves, Figari & Davenport, L.L.P., Dallas, TX, for appellant in No. 94-50541.

Rande K. Herrell, Asst. Atty. Gen., Mary A. Keeney, Priscilla M. Hubenak, Asst. Atty. Gen., Energy Division, Austin, TX, for appellees in No. 94-50541.

Before POLITZ, Chief Judge, JONES and PARKER, Circuit Judges.


ROBERT M. PARKER, Circuit Judge:

Appellant, the Tonkawa Tribe of Oklahoma ("the Tribe" or "the Tonkawas") brought suit against the State of Texas, its Governor and Land Commissioner ("the State") to compel the State to donate unspecified Texas lands to the Tribe for use as a homeland, and seeking damages on the basis of an 1866 Act of the Texas Legislature. The district court granted summary judgment for the State. We affirm.

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