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McALLEN GRACE BRETHREN CHURCH v. SALAZAR

No. 13-40326.

764 F.3d 465 (2014)

McALLEN GRACE BRETHREN CHURCH; Native American New Life Center; San Antonio Indian Fellowship; South Texas Indian Dancers Association; Linda Cleveland, Individually; Michael Cleveland, Individually; Edith Clark, Individually and as council member of Native American New Life Center; William Clark, Individually and as member of Native American New Life Center; Carrie Felps, Individually; Homer Hinojosa, Individually and as member of McAllen Grace Brethren Church, San Antonio Indian Fellowship, and South Texas Indian Dancers Association; Nancy Hollingworth, as a member of Native American New Life Center; Lucian Oden, as a member of San Antonio Indian Fellowship; Xavier Sanchez, as member of San Antonio Indian Fellowship; Pastor Robert Soto, Individually and on behalf of McAllen Grace Brethren Church, Native American New Life Center, San Antonio Indian Fellowship, and South Texas Indian Dancers Association; Veronica Russell; Michael Russell, Individually, Plaintiffs-Appellants v. Ken SALAZAR, Secretary of the United States Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 20, 2014.

Attorney(s) appearing for the Case

Milo L. Colton (argued), Regional Counsel, Civil Rights Legal Defense & Educational Fund, Cibolo, TX, for Plaintiffs-Appellants.

Jimmy Anthony Rodriguez (argued), Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Defendant-Appellee.

Before JONES, ELROD, and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Appellants filed suit against the Department of the Interior (the "Department") seeking a declaration of rights that the Department's enforcement of the Migratory Bird Treaty Act (the "MBTA") and the Bald and Golden Eagle Protection Act (the "Eagle Protection Act") violates the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act ("RFRA") because it prohibits American Indians who are not members of federally...

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