|
|
http://laws.findlaw.com/10th/033218.html |
FILED
United States Court of Appeals
Tenth Circuit
November 7, 2006
Elisabeth A. Shumaker
Clerk of Court PUBLISH
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
PRAIRIE BAND POTAWATOMI NATION,
Plaintiff-Appellant,
v. No. 03-3218
JOAN WAGNON, Secretary of the Kansas Department of Revenue, D.C. No. 99-CV-4071-JAR
(D. Kansas)
Defendant-Appellee, (241 F. Supp. 2d 1295 (Kan. 2003))
_______________________________
WINNEBAGO TRIBE OF NEBRASKA, HCI DISTRIBUTION, THE KICKAPOO TRIBE OF INDIANS OF THE KICKAPOO RESERVATION IN KANSAS, THE IOWA TRIBE OF KANSAS AND NEBRASKA, AND THE SAC AND FOX NATION OF MISSOURI,
Amici Curiae.
OPINION ON REMAND FROM THE
UNITED STATES SUPREME COURT
David Prager, III, Tribal Attorney, Prairie Band Potawatomi Nation, Mayetta,
Kansas, for Plaintiff-Appellant.
John Michael Hale, Special Assistant Attorney General, Kansas Department of
Revenue, Topeka, Kansas, for Defendant-Appellee.
Before LUCERO, McKAY, and HARTZ, Circuit Judges.
McKAY, Circuit Judge.
In view of the Supreme Court's decision in Wagnon v. Prairie Band
Potawatomi Nation, 546 U.S. ___, 126 S. Ct. 676 (2005), and after supplemental
hearing, the prior decision of this court is vacated, as is the portion of the district
court's opinion that applies the interest-balancing test. The order of the district
court granting summary judgment in favor of Defendant is AFFIRMED.
FindLaw Career Center
- Search for Law Jobs:
Ads by FindLaw