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TIMPANOGOS TRIBE v. CONWAY

No. 01-4056.

286 F.3d 1195 (2002)

TIMPANOGOS TRIBE, Snake Band of Shoshone Indians of Utah Territory, Plaintiff-Appellee, v. Kevin CONWAY, Assistant Director, Utah Department of Natural Resources, Division of Wildlife Resources; Michael O. Leavitt, Governor of the State of Utah, Defendants-Appellants. Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 15, 2002.

Attorney(s) appearing for the Case

Philip C. Pugsley, Assistant Attorney General (Mark L. Shurtleff, Attorney General, with him on the briefs), State of Utah, Salt Lake City, UT, for Defendants-Appellants.

Michael L. Humiston of Heber City, UT, for Plaintiff-Appellee.

Sandra Hansen, Office of Legal Counsel, Ute Indian Tribe, Fort Duchesne, Utah; and Tod J. Smith of Whiteing & Smith, Boulder, CO, filed a brief for Amicus Curiae.

Before SEYMOUR and HENRY, Circuit Judges, and OBERDORFER, District Judge.

SEYMOUR, Circuit Judge.

The Timpanogos Tribe, Snake Band of Shoshone Indians of Utah Territory and aboriginal inhabitants of the region, filed suit against Kevin Conway, Assistant Director of the Utah Department of Natural Resources, and Governor Michael Leavitt of Utah. The district court denied defendants' motion to dismiss on the basis of, inter alia, Eleventh Amendment immunity. Defendants filed an interlocutory appeal

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