PRAIRIE BAND POTAWATOMI NATION, Plaintiff-Appellant, v. Joan WAGNON, Secretary of the Kansas Department of Revenue, Defendant-Appellee, Winnebago Tribe of Nebraska, HCI Distribution, The Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, The Iowa Tribe of Kansas and Nebraska, and the Sac and Fox Nation of Missouri, Amici Curiae, 467 F.3d 1279

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT McKAY, Circuit Judge. In view of the Supreme Court’s decision in Wagnon v. Prairie Band Potawatomi Nation, 546 U.S. 95, 126 S.Ct. 676, 163 L.Ed.2d 429 (2005), and after supplemental hearing, the prior decision of this court is vacated, as is the portion of the district court’s opinion that applies the interest-balancing test. The order of the district court granting

summary judgment in favor of Defendant is AFFIRMED.