United States Tenth Circuit

In an action by an Indian tribe claiming that the Secretary of the Interior improperly took a small tract of land into trust on behalf of the Wyandotte Tribe of Oklahoma, plaintiffs' appeal from dismissal of the action is dismissed where the Secretary had already taken the land at issue into trust, and sovereign immunity thus precluded the relief sought by plaintiffs.

Appellate Information

• Decided 06/07/2010
• Published 06/07/2010

Judges

• LUCERO, Circuit Judge., Before LUCERO, MURPHY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark S. Gunnison, Payne & Jones, Chartered, Overland Park, KS, (Michael Leitch, Office of the Attorney General for the State of Kansas, Topeka, KS, with him on the briefs) for Plaintiffs-Appellants.


• For Appellees:
  
• Allen M. Brabender, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, (Marietta Parker, Acting United States Attorney, and Jackie A. Rapstine, Assistant United States Attorney, Topeka, KS; John C. Cruden, Acting Assistant Attorney General, and William Lazarus, United States Department of Justice, Environment & Natural Resources Division, Washington, DC with him on the briefs) for Defendant-Appellee.