
    EASTERN SHAWNEE TRIBE OF OKLAHOMA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.
    No. 2008-5102.
    United States Court of Appeals, Federal Circuit.
    Nov. 3, 2011.
    Brian J. Leinbach, Engstrom, Lipscomb & Lack, of Los Angeles, CA, argued for plaintiff-appellant.
    Anthony A. Yang, Assistant to the Solicitor General, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was John C. Graden, Acting Assistant Attorney General, and Aaron P. Avila, Trial Attorney, Environment and Natural Resource Division.
    GAJARSA, DYK, and MOORE, Circuit Judges.
    
      
      Judge Gajarsa assumed senior status on July 31, 2011.
    
   JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. See Fed. Cir. R. 36.  