Jasper v. Eastern Band of Cherokee Indians

*197 MEMORANDUM JUDGMENT

This declaratory judgment action came on before the Court at a specially set session of Court on August 30, 2012 on cross motions for summary judgment pursuant to N.C. R. Civ. P. 56. The Estate and heirs are represented by W. Scott Jones, Esquire and Frederick S. Barbour, Esquire. The Tribe is represented by Annette Tarnawsky, Esquire, the Attorney General of the Eastern Band of Cherokee Indians (EBCI or Tribe). The Court has *198reviewed the file, the Affidavit of Elizabeth Jo Poscich and the materials submitted by counsel at the hearing. The matter is now ready for a ruling.

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