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CHEYENNE ARAPAHO TRIBES OF OKLAHOMA v. U.S.

No. 07-5399.

558 F.3d 592 (2009)

CHEYENNE ARAPAHO TRIBES OF OKLAHOMA, Appellant v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 17, 2009.

Attorney(s) appearing for the Case

Richard J. Grellner argued the cause for appellant. With him on the briefs was John P. Racin.

Mary Gabrielle Sprague, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief were James M. Upton, William Lazarus, and Elizabeth A. Peterson, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

This appeal involves disputed rights to land originally designated as part of a reservation for the Cheyenne Arapaho Tribes of Oklahoma and later set apart by executive order as a U.S. military installation. The district court dismissed the Tribes' action to quiet title to the land for lack of subject matter jurisdiction. The Tribes argue that the court erred in dismissing the case prematurely without allowing for jurisdictional discovery...

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