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MASHPEE WAMPANOAG TRIBAL COUNCIL, INC. v. NORTON

No. 02-5139.

336 F.3d 1094 (2003)

THE MASHPEE WAMPANOAG TRIBAL COUNCIL, INC., Appellee, v. Gale A. NORTON, Secretary, United States Department of the Interior, and Neal A. McCaleb, Assistant Secretary for Indian Affairs, United States Department of the Interior, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2003.

As Amended August 1, 2003.

Attorney(s) appearing for the Case

Katherine J. Barton, Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Elizabeth A. Peterson and Silvia Sepulveda-Hambor, Attorneys, and Scott Keep, Attorney, U.S. Department of Interior.

Robert E. Jordan III argued the cause for appellee. With him on the brief was Cynthia Taub.

Before: GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

This case involves a petition by Mashpee Wampanoag Tribal Council, Inc., for recognition by the United States as an Indian tribe. The Secretary of the Interior appeals an order of the district court finding the Bureau of Indian Affairs (BIA) unreasonably delayed acting upon the petition, in violation of the Administrative Procedure Act, 5...

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