The group fighting to have Native American Olympic gold medalist Jim Thorpe's remains returned to his Oklahoma birthplace plans to file for a “rehearing” following the recent decision of the United States Third Circuit Court of Appeals.

Daniel E. Gomez, of Conner and Winters LLP, attorney for the Sac and Fox Nation of Oklahoma and three of Thorpe's sons, Richard, William and the late John Thorpe, is asking for a 30-day extension to file its request.“In light of the importance of the matters of first impression decided by the panel, the likely nationwide application of the decision, which constitutes a statute adopted for and to benefit American Indians and tribes, we request additional time to consult with our clients…so that the reasons for a rehearing can be fully and adequately analyzed and briefed,” Gomez wrote in his request.On Oct. 23, the court ruled Thorpe's body could stay in his namesake town, where it has been since 1954.The current deadline to file for a rehearing is Thursday. Members of the Sac and Fox Nation of Oklahoma and Thorpe's sons want the body returned to Oklahoma.John, who passed away in 2012, filed a lawsuit in 2010 under the 1990 federal Native American Graves Protection and Repatriation Act.He cited the borough and Thorpe's grandsons, John Thorpe and Michael Koehler, who approved of the body staying in the borough, as defendants in the lawsuits.The NAGPRA requires museums and federal agencies with Native American human remains to inventory them and notify the affected tribe.They must return the remains if asked by a known lineal descendant of the deceased person or by the tribe.The three-judge United State Third Circuit Court of Appeals panel in Philadelphia ruled that the borough is not considered a museum under NAGPRA.The panel agreed that the borough falls within the definition of a “museum” on a plain language reading of the statute, but that such a plain language application of NAGPRA would lead to a “legally absurd result.”“Setting aside the plain meaning of a statute cannot, and should not, be taken lightly,” Gomez said. “We believe the importance of the precedent set in the area of statutory construction and, in particular, federal Indian law and human rights legislation, will merit a rehearing to ensure that the doctrine's application to this case is consistent with other applications of the doctrine by the Circuit and Supreme Court.”Gomez said he also wants additional time to consult with the National Congress of American Indians on the Circuit Court's decision and potential rehearing “in light of the importance of NAGPRA to the American Indian community nationwide.”William Schwab and Christopher G. Fusco, attorneys for the borough and Thorpe's grandsons, were consulted on whether they would agree to a time extension.Both indicated because they represent public bodies, they would be unable to get their clients' position on the extension before Thursday.