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http://laws.findlaw.com/10th/017106v2.html |
FILED
United States Court of Appeals
Tenth Circuit
APR 20 2005
PATRICK FISHER
Clerk PUBLISH
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
CHEROKEE NATION OF OKLAHOMA;
SHOSHONE-PAIUTE TRIBES OF THE
DUCK VALLEY RESERVATION,
Plaintiffs - Appellants,
v. No. 01-7106
MICHAEL
O.
LEAVITT,(1)
Secretary
of
Health
and
Human
Services;
CHARLES
W.
GRIM,(2)
Director
of
the
Indian
Health
Service,
United
States
Department
of
Health
and
Human
Services,
Defendants
-
Appellees.
ORDER
(1) On January 26, 2005, Michael O. Leavitt became the Secretary of Health
and Human Services. In accordance with Rule 43(c)(2) of the Federal Rules of
Appellate Procedure, Mr. Leavitt is substituted for Tommy Thompson as the
Defendant-Appellee in this action.
(2) On August 6, 2003, Charles W. Grim became the Director of the Indian
Health Service, United States Department of Health and Human Services. In
accordance with Rule 43(c)(2) of the Federal Rules of Appellate Procedure,
Mr.Grim is substituted for Michael H. Trujillo as the Defendant-Appellee in this
action.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
(D.C. NO. 99-CV-092-S)
Before MURPHY, ANDERSON, and BALDOCK, Circuit Judges.
This matter is before us upon remand from the United States Supreme
Court. The Court reversed our decision, Cherokee Nation v. Thompson, 311 F.3d
1054 (10th Cir. 2002), rev'd, 125 S. Ct. 1172 (2005), which affirmed the lower
court's decision, Cherokee Nation v. United States, 190 F. Supp. 2d 1248 (E.D.
Okla. 2001), aff'd, 311 F.3d 1054 (2002), rev'd, 125 S. Ct. 1172 (2005), and
remanded the case to us for further proceedings consistent with its opinion.
We hereby recall the mandate and vacate our earlier judgment. The
Supreme Court's decision requires that the judgment of the United States District
Court for the Eastern District of Oklahoma be reversed. The cause is remanded to
the United States District Court for the Eastern District of Oklahoma for further
proceedings in accordance with the opinion of the United States Supreme Court.
It is so ordered. The mandate shall issue forthwith.
Entered for the Court
PATRICK FISHER, Clerk of Court
By:
Deputy Clerk