       NOTE: This disposition is nonprecedential.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.
