GREENE v. STATE OF R.I.

No. 03-2670.

398 F.3d 45 (2005)

Wilfred W. GREENE, a/k/a "Chief Eagle Heart", et al., Plaintiffs, Appellants, v. The STATE OF RHODE ISLAND, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 11, 2005.


Attorney(s) appearing for the Case

Lesley S. Rich, with whom Earl F. Pasbach, were on brief, for appellants.

Neil F.X. Kelly, Assistant Attorney General, with whom Patrick C. Lynch, Attorney General, Claire Richards, Special Counsel, Joseph Carroll, Woonsocket City Hall, Thomas Hefner and Fogarty & Hefner, were on brief, for appellees.

Katherine J. Barton, Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, with whom Elizabeth A. Peterson, Thomas L. Sansonetti, Assistant Attorney General, and Suzanne Schaeffer, U.S. Department of the Interior, Office of the Solicitor, were on brief, for the United States.

Before TORRUELLA and HOWARD, Circuit Judges, and DiCLERICO, JR., District Judge.


TORRUELLA, Circuit Judge.

With this appeal, the Seaconke Wampanoag Tribe and its Chief, Wilfred W. Greene, continue their efforts to recover a portion of their ancestral lands which they claim were wrongfully taken from them by European colonists in the 17th century. Plaintiffs-appellants Wilfred W. Greene, "Chief Eagle Heart," and the Seaconke Wampanoag Tribe, Wampanoag Nation ("the Tribe" or "the Wampanoags") brought suit against defendants-appellees, the State...

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