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LYON v. GILA RIVER INDIAN COMMUNITY

Nos. 08-15570, 08-15712.

626 F.3d 1059 (2010)

G. Grant LYON, Plaintiff-counter-defendant-Appellee, v. GILA RIVER INDIAN COMMUNITY, Defendant-counter-plaintiff-Appellant. In re Michael Keith Schugg, d/b/a Shuburg Holsteins; Debra Schugg, Debtor, G. Grant Lyon, Plaintiff-counter-defendant-Appellee Cross Appellant, v. Gila River Indian Community, Defendant-counter-plaintiff-Appellant Cross Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 2010.

Attorney(s) appearing for the Case

Patricia A. Millett (argued), Mark J. MacDougall and Troy D. Cahill , of Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., and Jennifer Kay Giff , Pima Maricopa Tribe Law Office, Sacaton, AZ, for appellant/cross-appellee Gila River Indian Community.

Paul F. Eckstein (argued), Richard M. Lorenzen and Joel W. Nomkin , Perkins Coie Brown & Bain P.A., Phoenix, AZ, for appellee/cross-appellant G. Grant Lyon.

Before: ALEX KOZINSKI, Chief Judge, J. CLIFFORD WALLACE and RICHARD R. CLIFTON, Circuit Judges.

OPINION

WALLACE, Senior Circuit Judge:

This appeal involves a dispute between an Indian tribe and the trustee of a bankruptcy estate over the rights of access to and occupation of a parcel of land completely surrounded by Indian reservation land. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1334. We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291, and we affirm in part and vacate in part.

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