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TONKAWA TRIBE OF OKLAHOMA v. RICHARDS

Nos. 94-50369, 94-50541.

75 F.3d 1039 (1996)

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.

February 9, 1996.

Attorney(s) appearing for the Case

Rande K. Herrell, Mary A. Keeney, Priscilla M. Hubenak, Asst. Attys. Gen., Energy Division, and Dan Morales, Atty. Gen. for Texas, Austin, TX, for Ann Richards, et al.

Thomas A. Graves, Andrew C. Whitaker, and William J. Albright, Figari & Davenport, L.L.P., Dallas, TX, for the Tonkawa Tribe of Oklahoma.

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

(Opinion October 23, 1995, 5th Cir., 1995, 67 F.3d 103)

ROBERT M. PARKER, Circuit Judge:

The State's Petition for Rehearing was granted in order to correct a factual error contained in the original opinion. That opinion, Tonkawa Tribe of Oklahoma v. Richards, 67 F.3d 103 (5th Cir.1995) is vacated and the following opinion is substituted in its place.

Appellant, the Tonkawa...

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