CHEROKEE NATION OF OKLAHOMA, on behalf of all its members, Plaintiff-Appellant,
v.
Gale NORTON, Secretary of the United States Department of the Interior, Aurene Martin, Acting Assistant Secretary of the United States Department of the Interior, and Delaware Tribe of Indians, in their official capacities, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 16, 2004.
November 16, 2004.
Attorney(s) appearing for the Case
Lloyd B. Miller of Sonosky, Chambers, Sachse, Miller & Munson, LLP, Anchorage, AK (Arthur Lazarus, Jr. and Melanie B. Osborne of Sonosky, Chambers, Sachse, Miller & Munson, LLP, Anchorage, AK; Julian K. Fite and John E. Parris of the Cherokee Nation Department of Justice, Tahlequah, OK, with him on the briefs), for Appellant Cherokee Nation of Oklahoma.
David C. Shilton of the United States Department of Justice, Washington DC (Katherine J. Barton, Attorney, United States Department of Justice, Washington, DC, Kelly A. Johnson, Acting Assistant Attorney General, Washington DC, Thomas L. Sansonetti, Assistant Attorney General, Washington DC, David E. O'Meilia, United States Attorney, Tulsa, OK, Loretta Radford, Assistant United States Attorney, Tulsa, OK, and Barbara N. Coen, of counsel, Office of the Solicitor, United States Department of the Interior, Washington DC, with him on the briefs), for Federal Appellees.
Gina Carrigan-St.Clair of the Carrigan Law Offices, Tulsa, OK (Philip Baker-Shenk and Wilda Wahpepah, Dorsey & Whitney, LLP, Washington DC, and Skip Durocher, Dorsey & Whitney LLP, Minneapolis, MN, with her on the briefs), for Appellee Delaware Tribe of Indians.
Before SEYMOUR, BALDOCK, and HARTZ, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BALDOCK, Circuit Judge.
The Cherokee Nation of Oklahoma ("Cherokee Nation") and Delaware Tribe of Indians ("Delawares") entered into a contract pursuant to a treaty negotiated between the Cherokee Nation and the United States Government. The Supreme Court has twice interpreted that contract. We must decide in this case whether the Department of Interior's ("DOI") interpretation of that contract and concomitant decision to extend Federal recognition to the Delawares...
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