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GOVERNOR OF KANSAS v. KEMPTHORNE

No. 06-3213.

516 F.3d 833 (2008)

GOVERNOR OF the, State of KANSAS; Iowa Tribe of Kansas and Nebraska; Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas; Prairie Band of Potawatomi Nation; Sac and Fox Nation of Missouri in Kansas and Nebraska, Plaintiffs-Appellants, v. Dirk KEMPTHORNE, Secretary of the Interior; Aurene Martin, Acting Assistant Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 30, 2008.

Attorney(s) appearing for the Case

Mark S. Gunnison of Payne & Jones, Chartered, Overland Park, Kansas (Stephen D. McGiffert, Payne & Jones, Chartered, Overland Park, Kansas; Thomas Weathers and Meredith D. Drent, Alexander, Berkey, Williams & Weathers LLP, Berkeley, California; Steven D. Alexander, Assistant Attorney General for the State of Kansas; Steven O. Phillips, Assistant Attorney General for the State of Kansas; Amelia C. Holmes, Horton, Kansas, with him on the brief), for Plaintiffs-Appellants.

Allen M. Brabender, United States Department of Justice, Washington, D.C. (Lisa Jones, United States Department of Justice, Washington, D.C.; Eric F. Melgren, United States Attorney and Jackie A. Rapstine, Assistant United States. Attorney, Topeka, Kansas; Sue Ellen Wooldridge, Assistant United States Attorney General, Washington, D.C., with him on the brief), for Defendants-Appellees.

Before BRISCOE, EBEL, and HARTZ, Circuit Judges.

ORDER

The appellees petition for rehearing is granted. The published opinion filed October 24, 2007, is vacated and a revised opinion is attached.

EBEL, Circuit Judge.

This appeal represents another chapter in the long-running dispute over the Secretary of the Interior's 1996 decision to take a tract of land in downtown Kansas City, Kansas (the "Shriner Tract," or simply the "Tract"), into trust for the benefit of the Wyandotte Tribe of Oklahoma...

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