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NORTHERN ARAPAHO TRIBE v. WYOMING

Nos. 02-8026, 02-8031.

429 F.3d 934 (2005)

NORTHERN ARAPAHO TRIBE, Plaintiff-Appellee/Cross-Appellant, v. State of WYOMING and Governor Jim Geringer, his agents, employees and successors, in their official capacities, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

July 8, 2005.

Attorney(s) appearing for the Case

Andrew W. Baldwin, Baldwin & Crocker, Lander, WY, for Plaintiff-Appellee/Cross-Appellant.

Patrick J. Crank, Attorney General, John D. Rossetti, Wyoming Attorney General's Office, Craig E. Kirkwood, Office of the Attorney General, John W. Renneisen, Deputy Attorney Gen., Attorney General for the State of Wyoming, Cheyenne, WY, for Defendants-Appellants/Cross-Appellees.

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

ORDER VACATING REHEARING EN BANC

Having received the parties' briefs and heard their oral arguments, we determine that our order granting en banc consideration of this case was improvidently issued for the reasons set out below. We, therefore, vacate our order granting rehearing en banc.

The Northern Arapaho Tribe brought an action seeking a declaration that the State of Wyoming failed to negotiate in good faith with the Tribe in violation of the Indian...

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