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SHAWNEE TRIBE v. U.S.

No. 04-3256.

423 F.3d 1204 (2005)

SHAWNEE TRIBE, a federally recognized Indian Tribe, and Shawnee Tribe, ex rel., Plaintiffs-Appellants, v. UNITED STATES of America; W. Leighton Waters, Acting Regional Administrator, United States General Services Administration; Stephen A. Perry, Administrator, United States General Services Administration; Donald Rumsfeld, Secretary, Department of Defense; I. Blaine Hastings, United States General Services Administration; Gail A. Norton, Secretary, United States Department of the Interior; Neal A. McCaleb, Assistant Secretary of Interior for Indian Affairs; and The Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 15, 2005.

Attorney(s) appearing for the Case

R. Scott Beeler (Alok Ahuja and Jennifer M. Hannah with him on the brief), Lathrop & Gage, L.C., Overland Park, KS, for Plaintiffs-Appellants.

David D. Zimmerman, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Kansas City, KS, for Defendants-Appellees.

Before EBEL, HOLLOWAY, and LUCERO, Circuit Judges.

ORDER

Appellants' petition for rehearing is granted in part. A revised opinion is filed with this order. No judge having called for a poll, rehearing en banc is denied.

EBEL, Circuit Judge.

Appellants' petition for rehearing is granted in part. A revised opinion is filed with this order. No judge having called for a poll, rehearing en banc is denied.

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