The town of Jim Thorpe gained another court victory regarding its quest to retain the remains of the athlete for which the town was named.

On Tuesday, the U.S. Court of Appeals for the Third District rejected an appeal filed regarding a court decision made last October that says the town of Jim Thorpe doesn't have to give up the body of Jim Thorpe.In June 2010, Jack Thorpe, son of Jim Thorpe, filed a federal lawsuit against the borough, claiming that his father's remains are subject to the Native American Graves Protection and Repatriation Act.A federal law passed in 1990 requires federal agencies and institutions that receive federal funding to return Native American cultural items and human remains to their respective peoples.On Feb. 22, 2011, at the age of 73, Jack Thorpe died in Shawnee, Oklahoma.On May 2, 2011, Jim Thorpe's two surviving children, William and Richard, brothers of Jack Thorpe, and the Sac and Fox Tribe, joined the lawsuit.The court battle has been continuing, with a district judge first agreeing with the plaintiffs. That decision was overturned.The district judge originally ruled that the town of Jim Thorpe was a "museum" under the definition of the Native American Graves Protection and Repatriation Act.The appeals judge ruled last October, "We reverse the district court and hold that the borough is not a 'museum' under NAGPRA for the purposes of Thorpe's burial.Tuesday's ruling denied the petition for rehearing by the family.Jim Thorpe, multi-sport Olympic gold medalist, died in California in 1953 without a will. His estate was assigned to his third wife, Patricia, who buried him in what is now the borough of Jim Thorpe.Thorpe was a Native American of Sauk heritage and a member of the Sac and Fox Nation of Oklahoma.Jack Thorpe, William Thorpe and Richard Thorpe were all children from Thorpe's previous marriages.Thorpe was retained in Evergreen Cemetery in the borough while a mausoleum was being constructed for his remains.In 1957, he was interred in what was believed to be his final resting place in a plot along Route 903.The agreement Patricia made with the borough provides that the borough is responsible for the maintenance at the burial site. The Jim Thorpe Hall of Fame has also worked to improve the site.The court action filed originally by Jack Thorpe, then amended to include the other plaintiffs, sought to have the remains of the Olympian athlete turned over to the Sac and Fox Nation and his sons.Defendants in the suit were the borough of Jim Thorpe, Michael Sofranko, Ronald Confer, John McGuire, Joseph Marzen, W. Todd Mason, Jeremy Melber, Justin Yaich, Joseph Krebs, Greg Strubinger, Kyle Sheckler and Joanne Klitsch.Attorney William G. Schwab of Lehighton is representing the borough in the suit.