Opinion
No. 2011-1396.
June 15, 2011.
Appeal from the United States District Court for the Eastern District of Virginia in case no. 09-CV-0620, Senior Judge Robert E. Payne.
Before GAJARSA, MAYER, and PROST, Circuit Judges.
ON MOTION ORDER
In Tohono O'Odham Nation v. United States, 559 F.3d 1284 (Fed. Cir. 2009), this court reversed the decision of the United States Court of Federal Claims that granted the government's motion to dismiss for lack of jurisdiction. In United States v. Tohono O'Odham Nation, ___ U.S. ___, 131 S.Ct. 1723, 179 L.Ed.2d 723 (2011), the Supreme Court of the United States reversed the judgment of this court and remanded the case to this court for further proceedings consistent with the Court's opinion.
Accordingly, upon consideration of the decision of the Supreme Court,
IT IS ORDERED THAT:
(1) The judgment of the Court of Federal Claims dismissing Tohono O'Odham Nation's complaint for lack of jurisdiction is affirmed.
(2) This case is remanded to the Court of Federal Claims so that it can reinstate its judgment of dismissal.