NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ EASTERN SHAWNEE TRIBE OF OKLAHOMA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ____________________ 2008-5102 ______________________ On remand from the Supreme Court of the United States. ______________________ JUDGMENT ______________________ BRIAN J. LEINBACH, Engstrom, Lipscomb & Lack, of Los Angeles, California, argued for plaintiff-appellant.

AARON P. AVILA, Trial Attorney, Environment and Natural Resource Division, United States Department of Justice, of Washington, DC, argued for defendant- appellee. With him on the brief was JOHN C. CRUDEN, Acting Assistant Attorney General. Of counsel was ANTHONY A. YANG, Assistant to the Solicitor General. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (GAJARSA, ∗ DYK, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

November 3, 2011 /s/ Jan Horbaly, Date Jan Horbaly Clerk

∗ Judge Gajarsa assumed senior status on July 31, 2011.