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EASTERN SHAWNEE TRIBE OF OKLAHOMA v. U.S.

No. 2008-5102.

598 F.3d 1326 (2010)

EASTERN SHAWNEE TRIBE OF OKLAHOMA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 17, 2010.

Attorney(s) appearing for the Case

Aaron P. Avila, Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, filed a petition for panel rehearing for defendant-appellee. With him on the petition was Ignacia S. Moreno, Assistant Attorney General.

Brian J. Leinbach, Engstrom, Lipscomb & Lack, of Los Angeles, CA, filed a response to the petition for panel rehearing for plaintiff-appellant.

Order for the Court filed by Circuit Judge DYK. Dissent filed by Circuit Judge MOORE.

ORDER

DYK, Circuit Judge.

We have considered the petition for panel rehearing filed by the United States in Eastern Shawnee Tribe of Oklahoma v. United States, 582 F.3d 1306 (Fed.Cir. 2009).

In seeking panel rehearing, the United States urges that the panel erred in holding that under Tohono O'Odham Nation v. United States, 559 F.3d 1284 (Fed.Cir.2009), 28 U...

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