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SCHAGHTICOKE TRIBAL NATION v. KEMPTHORNE

Docket No. 08-4735-cv.

587 F.3d 132 (2009)

SCHAGHTICOKE TRIBAL NATION, Petitioner-Appellant, v. Dirk KEMPTHORNE, Secretary, Department of the Interior, James E. Cason, Associate Deputy Secretary, Department of the Interior, U.S. Department of The Interior, Bureau of Indian Affairs, Office of Federal Acknowledgment, and Interior Board of Indian Appeals, Respondents-Appellees, The Kent School Corporation, State of Connecticut, Town of Kent, and The Connecticut Light and Power Company, Intervenors-Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 19, 2009.

Amended: November 4, 2009.

Attorney(s) appearing for the Case

Richard Emanuel, Branford, CT (David K. Jaffe, Brown Paindiris & Scott, P.C., Hartford, CT, on the brief), for petitioner-appellant.

John B. Hughes, Assistant United States Attorney, District of Connecticut (Nora R. Dannehy, Acting United States Attorney, District of Connecticut, and William J. Nardini, Assistant United States Attorney, on the brief), for defendants-appellees.

Mark F. Kohler, Assistant Attorney General (Richard Blumenthal, Attorney General, and Susan Quinn Cobb and Robert J. Deichert, Assistant Attorneys General, on the brief), Office of the Attorney General, Hartford, CT, for intervenors-respondents-appellees.

Before: MINER and CABRANES, Circuit Judges, and KORMAN, District Judge.

PER CURIAM:

Petitioner-appellant Schaghticoke Tribal Nation (the "Schaghticoke") appeals from an August 27, 2008 judgment of the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge) entered after the District Court granted summary judgment to respondents and intervenor-respondents. Schaghticoke Tribal Nation v. Kempthorne, 587 F.Supp.2d 389 (D.Conn.2008).

In 2005, James...

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