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CHEROKEE NATION OF OKLAHOMA v. LEAVITT

No. 01-7106.

404 F.3d 1263 (2005)

CHEROKEE NATION OF OKLAHOMA; Shoshone-Paiute Tribes of the Duck Valley Reservation, Plaintiffs-Appellants, v. Michael O. LEAVITT, Secretary of Health and Human Services; Charles W. Grim, Director of the Indian Health Service, United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 20, 2005.

Attorney(s) appearing for the Case

Weldon W. Stout, Jr., Bart Fite, Wright, Stout & Fite, Muskogee, OK, Lloyd Benton Miller, Devin R. Odell, Anchorage, AK, William R. Perry, Anne D. Noto, James E. Glaze Sonosky, Chambers, Sachse & Endreson, Washington, DC, for Plaintiffs-Appellants.

Lloyd Benton Miller, Devin R. Odell, William R. Perry, Anne D. Noto, James E. Glaze, Sheldon J. Sperling, U.S. Attorney, Linda A. Epperley, Office of The United States Attorney Eastern District of Oklahoma, David W. Ogden, Washington, DC, Lisa A. Olson, U.S. Department of Justice Civil Division, Washington, DC, Sheldon J. Sperling, U.S. Attorney, for Defendants-Appellees.

Before MURPHY, ANDERSON, and BALDOCK, Circuit Judges.

ORDER

This matter is before us upon remand from the United States Supreme Court. The Court reversed our decision, Cherokee Nation v. Thompson, 311 F.3d 1054 (10th Cir.2002), rev'd, ___ U.S. ___, 125 S.Ct. 1172, ___ L.Ed.2d ___ (2005), which affirmed the lower court's decision, Cherokee Nation v. United States, 190 F.Supp.2d 1248 (E.D.Okla.2001), aff'd,

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