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CHEROKEE NATION OF OKLAHOMA v. U.S.

No. 88-1112.

948 F.2d 635 (1991)

CHEROKEE NATION OF OKLAHOMA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 25, 1991.

Attorney(s) appearing for the Case

James G. Wilcoxen, Wilcoxen & Cate, Muskogee, Okl. (Paul M. Niebell, Washington, D.C., was also on the brief), for plaintiff-appellant.

Maria A. Iizuka, Dept. of Justice, Washington, D.C. (Roger J. Marzulla, Asst. Atty. Gen., Washington, D.C.; Roger Hilfiger, U.S. Atty. and Ralph Keen, Asst. U.S. Atty., Muskogee, Okl., Pauline H. Milius and Edward J. Shawaker, Dept. of Justice, Washington, D.C., and Whit Field, Office of the Sol., Dept. of the Interior, Washington, D.C., were also on the brief), for defendant-appellee.

Before HOLLOWAY and SEYMOUR, Circuit Judges, and BROWN, District Judge.

ORDER

Plaintiff-appellant Cherokee Nation of Oklahoma petitions for rehearing and rehearing en banc. It makes two principal contentions of error. First, the Cherokee Nation contends that the panel's rejection of its "fair and honorable dealings" claim was premised in part on a misreading of Burkhardt v. United States, 84 F.Supp. 553, 113 Ct.Cl. 658 (1949). Second, the Cherokee...

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