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WADE v. BLUE

No. 03-2245.

369 F.3d 407 (2004)

Horace Gary WADE, Jr.; Samuel Mitchell Beck; Michael Wayne Harris; Geneva George Gunton; David Trent Troxel; Fred Calvin George; Marcus E. Sanders; Deborah Harris Crisco; E. Fred Sanders; Heyward Jackson Canty, Jr.; Roderick Neil Beck; F. William Harris; Thomas W. Triminal; Claire Sanders Wilson, Individually and ex rel. the Catawba Indian Nation, Plaintiffs-Appellees, and Brandy Harris Wilson; Bob Triminal, Plaintiffs, v. Gilbert BLUE; Evans M. George; Carson T. Blue; Claude Ayers; Dewey Adams; Wanda George Warren, Defendants-Appellants, and Foxx E. Ayers; Special Properties Management, Incorporated, Defendants. William C. Boyd; United States of America, Parties In Interest. Secretary of the Interior, Movant.

United States Court of Appeals, Fourth Circuit.

Decided: May 26, 2004.

Attorney(s) appearing for the Case

ARGUED: Jerry Jay Bender, Baker, Ravenel & Bender, L.L.P., Columbia, South Carolina, for Appellants. James Donovan Mosteller, III, The Mosteller Law Firm, L.L.C., Barnwell, South Carolina, for Appellees. ON BRIEF: Robert Jones, Rock Hill, South Carolina, for Appellants.

Before WILKINSON and KING, Circuit Judges, and William D. QUARLES, Jr., United States District Judge for the District of Maryland, sitting by designation.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge QUARLES joined.

OPINION

WILKINSON, Circuit Judge:

This case arises out of a governance dispute between members of the Catawba Indian Tribe of South Carolina. Plaintiffs, individual members of the Tribe, filed suit in federal court against defendants, who are also members of the Tribe and who control the Tribe's Executive Committee. The essence...

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