Prairie Band Potawatomi Nation v. Wagnon

Tenth Circuit

Prairie Band Potawatomi Nation v. Wagnon

467 F.3d 1279, 2006 U.S. App. LEXIS 27469, 2006 WL 3200861

Court of Appeals for the Tenth Circuit·Decided November 7, 2006·No. No. 03-3218·Published

Opinion

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

McKAY, Circuit Judge.

In view of the Supreme Court’s decision in Wagnon v. Prairie Band Potawatomi Nation, 546 U.S. 95, 126 S.Ct. 676, 163 L.Ed.2d 429 (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.

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OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

McKAY, Circuit Judge.

In view of the Supreme Court’s decision in Wagnon v. Prairie Band Potawatomi Nation, 546 U.S. 95, 126 S.Ct. 676, 163 L.Ed.2d 429 (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.

Prairie Band Potawatomi Nation v. Wagnon, 467 F.3d 1279, 2006 U.S. App. LEXIS 27469, 2006 WL 3200861 (10th Cir. 2006).

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Opinion

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