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CHEROKEE NATION OF OKLAHOMA v. BABBITT

No. 96-5337.

117 F.3d 1489 (1997)

CHEROKEE NATION OF OKLAHOMA, On behalf of its members, Appellant v. Bruce BABBITT, In his official capacity as Secretary of Interior of the United States Department of Interior and Ada E. Deer, In her official capacity as Assistant Secretary of the Department of the Interior, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 1997.

Attorney(s) appearing for the Case

James Hamilton argued the cause for appellant, with whom William J. Mertens and Robert V. Zener, Washington, DC, were on the briefs.

Edward J. Shawaker, Attorney, U.S. Department of Justice, argued the cause for appellees, with whom Lois J. Schiffer, Assistant Attorney General, and Robert L. Klarquist, Attorney, Washington, DC, were on the brief.

Jill E. Grant, Washington, DC, argued the cause and filed the brief for amicus curiae Delaware Tribe of Indians.

Before: HENDERSON, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Cherokee Nation of Oklahoma appeals from the dismissal, pursuant to Fed.R.Civ.P. 19(b), of its complaint challenging a Final Decision by the Department of the Interior extending formal recognition to the Delaware Tribe of Indians. It contends that the district court erred in ruling that the Delaware Tribe is a necessary and indispensable party that cannot be joined because it has...

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