SHIRK v. U.S. EX REL. DEPT. OF INTERIOR

Attorney(s) appearing for the Case

Bradley M. Rose , Kaye, Rose & Partners, LLP, Los Angeles, CA, argued the cause for the plaintiffs-appellants. Trinette S. Sachrison , Kaye, Rose & Partners, LLP, San Diego, CA, filed the briefs for the plaintiffs-appellants. With her on the briefs was Bradley M. Rose , Kaye, Rose & Partners, LLP, Los Angeles, CA.

Jeffrica Jenkins Lee , U.S. Department of Justice Civil Division, Washington, DC, argued the cause and filed the brief for defendant-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, U.S. Department of Justice Civil Division, Washington, DC; John S. Leonardo , United States Attorney, Phoenix, AZ; and Barbara C. Biddle , U.S. Department of Justice Civil Division, Washington, DC.

Thomas L. Murphy , Deputy General Counsel, Gila River Indian Community, Sacaton, AZ, argued the cause and filed the brief on behalf of amicus curiae Gila River Indian Community in support of plaintiffs-appellants. With him on the brief was Linus Everling , General Counsel, Gila River Indian Community, Sacaton, AZ.

Opinion by Judge O'Scannlain; Concurrence by Judge Sack; Partial Concurrence and Partial Dissent by Judge Bea.