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NEIGHBORS FOR RATIONAL DEVELOPMENT v. NORTON

No. 02-2085.

379 F.3d 956 (2004)

NEIGHBORS FOR RATIONAL DEVELOPMENT, INC., Plaintiff-Appellant, v. Gail NORTON, Secretary of the Interior; Neal A. McCaleb, Assistant Secretary of Indian Affairs; Robert Baracker, Area Director, Albuquerque Area Office, Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 4, 2004.

Attorney(s) appearing for the Case

John W. Utton of Sheehan, Sheehan & Stelzner, P.A., and J. Brian Smith of J. Brian Smith Law Firm, LLC, Albuquerque, NM, for Plaintiff-Appellant.

Todd S. Aagaard (Thomas L. Sansonetti, Assistant Attorney General; E. Ann Peterson, Department of Justice, Washington, DC; Mary Anne Kenworthy, Department of the Interior, Washington, DC; Dori Richards, Department of the Interior, Albuquerque, NM, with him on the brief), Department of Justice, Washington, DC, for Defendants-Appellees.

Before HENRY, Circuit Judge, and McKAY and BRORBY, Senior Circuit Judges.

BRORBY, Circuit Judge.

Neighbors for Rational Development, Inc. ("Neighbors"), appeals a district court order upholding a decision made by the Secretary of the United States Department of Interior ("Secretary") to acquire certain property in trust for the nineteen Indian Pueblos of New Mexico. After reviewing the record and the parties' arguments, we conclude that to the extent Neighbors requested relief would divest the United States of title to the property the...

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