UNITED STATES COURT OF APPEALS FOR THE DISTRICT Of COLUMBIA CIRCUIT
September Term, 2004
96-01285
BEFORE: Sentelle, Henderson, and Brown, Circuit Judges
O R D E R
Elouise Pepion Cobell, et al.,
Appellees
v.
Gale A. Norton, Secretary of the Interior, et al,,
Appellants

Upon consideration of the emergency motion for stay, the opposition thereto and
motion to dismiss the appeal, the reply to the opposition to the motion for stay and
opposition to the motion to dismiss, and the reply to the opposition to the motion to
dismiss, it is
ORDERED that the motion to dismiss be referred to the merits panel to which
this appeal is assigned. The parties are directed to address in their briefs the issues
presented in the motion to dismiss rather than incorporate those arguments by
reference. It is
FURTHER ORDERED that the administrative stay issued July 28, 2005 be
dissolved. It is
FURTHER ORDERED that the emergency motion for stay be granted, and that
the district court's order filed July 12, 2005 be stayed pending resolution of this appeal.
Appellants have shown sufficient likelihood of success on the merits and irreparable
harm to warrant the issuance of a stay pending appeal. See Washington Metropolitan
Area Transit Commission v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977);
Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 921 (D.C. Cir. 1958) (per
curiam).
Per Curiam