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NATION v. CITY OF GLENDALE

Nos. 11-16811, 11-16833.

804 F.3d 1292 (2015)

Tohono O'odham NATION, Plaintiff-Appellee, v. CITY OF GLENDALE, Defendant, and State of Arizona, Defendant-Appellant. Tohono O'Odham Nation, Plaintiff-Appellant, v. State of Arizona, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 21, 2013.

Filed November 6, 2015.

Resubmitted October 30, 2015.

Attorney(s) appearing for the Case

Danielle Spinelli (argued), Seth P. Waxman , and Sonya Lebsack , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Jonathan L. Jantzen and Laura Berglan , Tohono O'odham Nation Office of the Attorney General, Sells, AZ, for Plaintiff-Appellee/Cross-Appellant.

Evan F. Hiller (argued) and Michael Tryon , Arizona Office of the Attorney General, Phoenix, AZ, for Defendant-Appellant State of Arizona/Cross-Appellee.

Audrey E. Moog (argued), Hogan Lovells US, LLP, Washington, D.C., for Defendant City of Glendale.

Before: DOROTHY W. NELSON, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

This appeal involves a dispute concerning 135 acres of unincorporated land within Maricopa County, Arizona that was purchased by Plaintiff, the Tohono O'odham Nation (the Nation). The Nation filed suit against the City of Glendale and the State of Arizona (collectively, Defendants), challenging the constitutionality...

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