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THORPE v. BOROUGH OF THORPE

Nos. 13-2446, 13-2451.

770 F.3d 255 (2014)

John THORPE; Sac and Fox Nation of Oklahoma; William Thorpe; Richard Thorpe v. BOROUGH OF Jim THORPE; Michael Sofranko; Ronald Confer; John McGuire; Joseph Marzen; W. Todd Mason; Jeremy Melber; Justin Yaich; Joseph Krebs; Greg Strubinger; Kyle Sheckler; Joanne Klitsch. Borough of Jim Thorpe, Appellant. John Thorpe; Sac and Fox Nation of Oklahoma; William Thorpe; Richard Thorpe v. Borough of Jim Thorpe; Michael Sofranko; Ronald Confer; John McGuire; Joseph Marzen; W. Todd Mason; Jeremy Melber; Justin Yaich; Joseph Krebs; Greg Strubinger; Kyle Sheckler; Joanne Klitsch. Sac and Fox Nation of Oklahoma, William Thorpe, Richard Thorpe, Appellants.

United States Court of Appeals, Third Circuit.

Filed: October 23, 2014.

Attorney(s) appearing for the Case

William G. Schwab, Esq. , (Argued), Vincent R. Garvey, Esq. , William G. Schwab & Associates, Lehighton, PA, for Appellants.

Christopher G. Fusco, Esq. , (Argued), Callahan & Fusco, and, NJ, for Cross-Appellees.

Charles L. Riddle, Esq. , Riddle Patent Law, LLC, Scranton, PA, Stephen R. Ward, Esq. , (Argued), Daniel E. Gomez, Esq. , Conner & Winters, LLP, Tulsa, OK, for Appellees.

Daniel H. Wheeler, Esq. , (Argued), Wynnewood, PA, for Amicus Curiae, Michael Koehler and John Thorpe.

Matthew Campbell, Esq. , Native American Rights Fund, Boulder, CO, for Amicus Curiae, The National Congress of the American Indians.

Before McKEE, Chief Judge, CHAGARES and SHWARTZ, Circuit Judges.

OPINION

McKEE, Chief Judge.

I. INTRODUCTION

Jim Thorpe, multi-sport Olympic gold medalist ("Thorpe"), died in California in 1953 without a will.1 His estate was assigned to his third wife, Patricia ("Patsy"),2 who eventually buried him in what is now Jim Thorpe, Pennsylvania ("the Borough"). Jim Thorpe, Pennsylvania was a newly-formed borough that...

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