TOHONO O'ODHAM NATION V US, No. 08-5043 (Fed. Cir. 2011)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 16, 2009.
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NOTE: This order is nonprecedential United States Court of Appeals for the Federal Circuit __________________________ TOHONO O ODHAM NATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. __________________________ 2008-5043 __________________________ Appeal from the United States Court of Federal Claims in case no. 06-CV-944, Senior Judge Eric G. Bruggink. __________________________ ON MOTION __________________________ Before NEWMAN, LINN, and MOORE, Circuit Judges. LINN, Circuit Judge. ORDER In Tohono O Odham Nation v. United States, 559 F.3d 1284 (Fed. Cir. 2009), this court reversed the decision of the United States Court of Federal Claims that granted the government s motion to dismiss for lack of jurisdiction. In United States v. Tohono O Odham Nation, --- U.S. TOHONO O'ODHAM NATION v. UNITED STATES 2 ----, 131 S. Ct. 1723 (2011), the Supreme Court of the United States reversed the judgment of this court and remanded the case to this court for further proceedings consistent with the Court s opinion. Accordingly, upon consideration of the decision of the Supreme Court, IT IS ORDERED THAT: (1) The judgment of the Court of Federal Claims dismissing Tohono O Odham Nation s complaint for lack of jurisdiction is affirmed. (2) This case is remanded to the Court of Federal Claims so that it can reinstate its judgment of dismissal. FOR THE COURT, June 17, 2011 Date cc: Keith M. Harper, Esq. Aaron P. Avila, Esq. /s/ Jan Horbaly Jan Horbaly Clerk
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