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ORDINANCE 59 ASS'N v. U.S. DEPT. OF INTERIOR SECRETARY

No. 97-8079.

163 F.3d 1150 (1998)

ORDINANCE 59 ASSOCIATION, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF THE INTERIOR SECRETARY, in his official capacity, a.k.a. Bruce Babbitt; Bureau of Indian Affairs; Eastern Shoshone Tribe Business Council, John Washakie; Vernon Hill; Bud McAdams; Mike Lajeunesse; Ivan Posey, and John Wadda, individually, and as Eastern Shoshone Tribe Business Council Members, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 1, 1998.

Attorney(s) appearing for the Case

Timothy C. Kingston, Graves, Miller & Kingston, Cheyenne, Wyoming, for Plaintiff-Appellant.

Marta Hoilman (Lois J. Schiffer, Assistant Attorney General; David D. Freudenthal, United States Attorney, District of Wyoming; Nicholas Vassallo, Assistant United States Attorney, District of Wyoming; and M. Alice Thurston, Attorney, Department of Justice, Washington, D.C., with her on the brief), Attorney, Department of Justice, Environment and Natural Resources Division, Washington, D.C., for Defendants-Appellees.

John C. Schumacher (Michael Chiropolos with him on the brief), Law Office of John Schumacher, Fort Washakie, WY, for Defendant-Appellee Eastern Shoshone Tribe.

Before PORFILIO, McWILLIAMS and ANDERSON, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

The Ordinance 59 Association is composed of 43 individuals who applied for membership in the Eastern Shoshone Tribe (Tribe). The Association sought declaratory and injunctive relief against the Eastern Shoshone Tribe Business Council and the members of the Business Council, in their individual and official capacities, (collectively, tribal defendants); and the Secretary of the Department of the Interior and the Bureau of Indian Affairs...

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