PHILADELPHIA (AP) — The Pennsylvania town where famed athlete Jim Thorpe was laid to rest in 1953 has asked a federal appeals court to throw out a ruling that could clear the way for his remains to be moved to American Indian land in Oklahoma.

Lawyers for the town of Jim Thorpe say that a judge erred when he ruled the town amounts to a museum under the 1990 Native American Graves Protection and Repatriation Act.

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The town’s appeal was filed Monday in Philadelphia.

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Thorpe’s widow agreed to send his body to Pennsylvania after two neighboring towns agreed to build a memorial and name the new town after him.

Thorpe’s surviving sons have been fighting to move their father to Sac and Fox land in central Oklahoma.

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