SAC & FOX NATION OF OKLAHOMA v. CUOMO

Nos. 97-6317, 98-6212.

193 F.3d 1162 (1999)

SAC & FOX NATION OF OKLAHOMA; the Housing Authority of the Sac & Fox Nation of Oklahoma; Citizen Potawatomi Nation; Citizen Potawatomi Nation Housing Authority; Kickapoo Tribe of Oklahoma; Housing Authority of the Kickapoo Tribe of Oklahoma, Plaintiffs-Appellants, v. Andrew CUOMO, as Secretary of the United States Department of Housing and Urban Development; Dom Nessi, as Deputy Assistant Secretary for Native American Programs; Wayne Sims, Administrator of Southern Plains Office of Native American Programs; The Housing Authority of the Absentee Shawnee Tribe of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 12, 1999.


Attorney(s) appearing for the Case

Michael Minnis, Michael Minnis & Associates, P.C., Oklahoma City, Oklahoma, and Nathan H. Young, III, Tahlequah, Oklahoma (David McCullough of Michael Minnis & Associates, P.C., Oklahoma City, Oklahoma, with them on the briefs), for Appellants.

Arvo Q. Mikkanen, Assistant United States Attorney, Oklahoma City, Oklahoma (Patrick M. Ryan, United States Attorney, Oklahoma City, Oklahoma, with him on the briefs), for Federal Appellees.

F. Browning Pipestem (Dena L. Silliman with him on the briefs), F. Browning Pipestem & Associates, Norman, Oklahoma, for Appellee Absentee Shawnee Housing Authority.

Before ANDERSON, McWILLIAMS, and MURPHY, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

This case involves a jurisdictional dispute between, on the one side, three Indian Tribes in Oklahoma (the "Three Tribes")1 and, on the other, the Housing Authority of a fourth tribe, and the officials in the Department of Housing and Urban Development ("HUD") who allocate Indian-housing funds in Oklahoma. The Three Tribes sued, seeking declaratory and injunctive relief against HUD and the Absentee Shawnee...

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