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MUSCOGEE (CREEK) NATION v. U.S. DEPT. OF HOUSING

No. 11-7040.

698 F.3d 1276 (2012)

MUSCOGEE (CREEK) NATION DIVISION OF HOUSING, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; Shaun Donovan, in his official capacity; Sandra Henriquez, in her official capacity; C. Wayne Sims, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 30, 2012.

Attorney(s) appearing for the Case

Michael A. Simpson ( Galen L. Brittingham with him on the briefs) of Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., Tulsa, OK, for Appellant.

Helen L. Gilbert , Attorney, Appellate Staff Civil Division, Department of Justice, ( Tony West , Assistant Attorney General; Sheldon J. Sperling , United States Attorney; and Michael S. Raab , Attorney, Appellate Staff Civil Division, Department of Justice, with her on the briefs), Washington, D.C., for Appellees.

Before LUCERO, McKAY, and GORSUCH, Circuit Judges.

McKAY, Circuit Judge.

The dispute in this case involves interest earned on block grants made to Indian tribes pursuant to the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. §§ 4101-4243. Specifically, Appellant Muscogee (Creek) Nation Division of Housing challenges both a regulation placing a two-year limit on the investment of grant funds and two notices issued by the U.S. Department of Housing and Urban Development stating...

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