EVANS v. U.S. DEPT. OF INTERIOR

No. 08-35938.

604 F.3d 1120 (2010)

Michael C. EVANS, in his capacity as Chairman of the Snohomish Tribe of Indians; Snohomish Tribe of Indians, Plaintiffs-Appellees, Tulalip Tribes of the Tulalip Reservation, Plaintiff-Intervenor-Appellant, v. UNITED STATES DEPARTMENT OF INTERIOR; Bureau of Indian Affairs; Office of Federal Acknowledgment; United States of America; Ken Salazar, Defendants.

United States Court of Appeals, Ninth Circuit.

Submitted March 15, 2010.

Filed May 13, 2010.


Attorney(s) appearing for the Case

James H. Jones, Jr., Bell & Ingram, P.S., Everett, WA, for plaintiff-intervenor-appellant Tulalip Tribes.

Alexandra K. Smith, John S. Devlin, III, Lane Powell, PC, Seattle, WA, for plaintiffs-appellees Evans.

Before: WILLIAM C. CANBY, JR., DAVID R. THOMPSON, and CONSUELO M. CALLAHAN, Circuit Judges.


CANBY, Circuit Judge:

This is an appeal by the Tulalip Tribes of the Tulalip Reservation ("Tulalip Tribes") from an order of the district court denying the Tulalip Tribes the right to intervene in an action brought by the Snohomish Tribe of Indians and Michael C. Evans as its Chairman (collectively, "Snohomish Tribe") to achieve federal recognition of the Snohomish Tribe. Decision in this appeal was stayed pending the outcome of our en banc hearing in United States...

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