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VANN v. KEMPTHORNE

No. 07-5024.

534 F.3d 741 (2008)

Marilyn VANN, et al., Appellees v. Dirk KEMPTHORNE, Secretary of the United States Department of the Interior, et al., Appellees Cherokee Nation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 2008.

Attorney(s) appearing for the Case

Garret G. Rasmussen argued the cause for appellant. With him on the briefs were Raymond G. Mullady Jr., Lanny J. Davis, and Adam W. Goldberg. Christopher M. O'Connell entered an appearance.

Jonathan Velie argued the cause for appellees. With him on the brief were Jack McKay, Alvin B. Dunn, Thomas G. Allen, and Ellen C. Cohen.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

The issue on appeal is the extent to which sovereign immunity protects a federally recognized Indian tribe and its officers against suit. For the reasons that follow, we hold that the suit may proceed against the tribe's officers but not against the tribe itself.

I.

The Cherokee Nation shares with the United States a common stain on its history: the Cherokees owned African slaves...

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