OKLAHOMA v. HOBIA

Nos. 12-5134, 12-5136.

775 F.3d 1204 (2014)

State of OKLAHOMA, ex rel., Plaintiff-Appellee, v. Tiger HOBIA, as Town King and member of the Kialegee Tribal Town Business Committee, et al., Defendants-Appellants, and Florence Development Partners, LLC, as Oklahoma limited liability company, Defendant. The State of New Mexico, et al., Amici Curiae. State of Oklahoma, ex rel., Plaintiff-Appellee v. Florence Development Partners, LLC, an Oklahoma limited liability company, Defendant-Appellant, and Tiger Hobia, as Town King and member of the Kialegee Tribal Town Business Committee; Thomas Givens, as 1st Warrior and member of the Kialegee Tribal Town Business Committee; Kialegee Tribal Town, a federally chartered corporation, Defendants. The State of New Mexico; State of Michigan, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 22, 2014.


Attorney(s) appearing for the Case

Matthew Justin Kelly of Fredericks Peebles & Morgan LLP, Washington, DC, ( Martha L. King of Fredericks Peebles & Morgan LLP, Louisville, CO; Dennis J. Whittlesey, Jr. of Dickinson Wright PLLC, Washington, DC; H. James Montalvo , Law Offices of H. James Montalvo, P.A., South Miami, FL, with him on the briefs), for Defendants-Appellants.

Patrick R. Wyrick , Solicitor General, ( E. Scott Pruitt , Attorney General, Oklahoma Office of the Attorney General, and M. Daniel Weitman , Assistant Attorney General, Oklahoma City, OK; Lynn H. Slade , William C. Scott and Sarah M. Stevenson of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, with him on the briefs), for Plaintiff-Appellee.

Gary K. King , Attorney General, State of New Mexico, Santa Fe, NM, and Christopher D. Coppin , Special Assistant Attorney General, State of New Mexico, Albuquerque, NM, filed an amicus curiae brief for the State of New Mexico.

Bill Schuette , Attorney General, State of Michigan, John J. Bursch , Solicitor General, State of Michigan, and S. Peter Manning and Louis B. Reinwasser , Assistant Attorneys General, State of Michigan, Lansing, MI, filed an amicus curiae brief for the State of Michigan.

Before BRISCOE, Chief Judge, KELLY and BACHARACH, Circuit Judges.


ORDER

These matters are before the court on the State of Oklahoma's Petition for Rehearing or Rehearing En Banc. We grant panel rehearing to the extent of the amendments made to the revised Opinion attached to this order. The clerk of court is directed to vacate the decision issued originally on November 10, 2014 and to reissue the attached version.

The Petition for Rehearing or Rehearing En Banc, as well as the newly revised Opinion, were...

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