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PATCHAK v. JEWELL

No. 15-5200.

828 F.3d 995 (2016)

David PATCHAK, Appellant, v. Sally JEWELL, in her official capacity as Secretary of the United States Department of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2016.

Attorney(s) appearing for the Case

Sharon Y. Eubanks , Washington, DC, argued the cause and filed the briefs for Appellant.

Lane N. McFadden , Attorney, U.S. Department of Justice, argued the cause for federal Appellees. With him on the brief was John C. Cruden , Assistant Attorney General.

Nicole E. Ducheneaux and Conly J. Schulte were on the brief for intervenor Defendant-Appellees Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians.

Before: ROGERS, PILLARD and WILKINS, Circuit Judges.

David Patchak brought this suit under the Administrative Procedure Act, 5 U.S.C. §§ 702, 705, challenging the authority of the Department of the Interior to take title to a particular tract of land under the Indian Reorganization Act (IRA), 25 U.S.C. § 465. The land, called the Bradley Property, had been put...

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