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LITTLEFIELD v. MASHPEE WAMPANOAG INDIAN TRIBE

No. 16-2484.

951 F.3d 30 (2020)

David LITTLEFIELD; Michelle Littlefield; Tracy Acord; Deborah Canary; Francis Canary, Jr.; Veronica Casey; Patricia Colbert; Vivian Courcy; Will Courcy; Donna Defaria; Antonio Defaria; Kim Dorsey; Kelly Dorsey; Francis Lagace; Jill Lagace; David Lewry; Kathleen Lewry; Michelle Lewry; Richard Lewry; Robert Lincoln; Christina McMahon; Carol Murphy; Dorothy Peirce; David Purdy; Louise Silvia, Plaintiffs, Appellees, v. MASHPEE WAMPANOAG INDIAN TRIBE, Defendant, Appellant, Bureau of Indian Affairs, U.S. Department of the Interior; Ryan Zinke, in his official capacity as Secretary, U.S. Department of the Interior; Lawrence Roberts, Acting Assistant, Secretary, Indian Affairs, U.S. Department of the Interior; U.S. Department of the Interior; United States of America, Defendants.

United States Court of Appeals, First Circuit.

February 27, 2020.

Attorney(s) appearing for the Case

Benjamin J. Wish , with whom Howard M. Cooper , Max D. Stern , and Todd & Weld, LLP, Boston, MA, were on brief, for appellant.

David H. Tennant , with whom Law Office of David Tennant PLLC, David J. Apfel , Roberto M. Braceras , Boston, MA, Andrew Kim, and Goodwin Procter LLP were on brief, for appellees.

Before Lynch, Circuit Judge, Souter, Associate Justice, and Lipez, Circuit Judge.

In 2015, the Department of the Interior's Bureau of Indian Affairs ("BIA") approved the taking of two areas of land into trust for the Mashpee Wampanoag Indian Tribe ("the Tribe"). The Tribe planned to use land taken into trust in Mashpee, Massachusetts, largely for housing, while it...

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