In Indian tribe’s suit against the United States alleging breach of fiduciary duty and other duties as trustee of property and other assets owned by the tribe, Court of Federal Claims’ dismissal of the case without prejudice is reversed and remanded as 28 U.S.C. section 1500 is inapplicable because the present complaint and an earlier complaint filed in a district court seek different relief.
Read E. Shawnee Tribe of Oklahoma v. US, No. 08-5102
Appeal from: United States Court of Federal Claims
Decided September 17, 2009
Judges
Before Gajarsa, Dyk, and Moore, Circuit Judges. Opinion by Dyk, Circuit Judge.
Counsel
For Appellant: Brian J. Leinbach, Engstrom, Lipscomb & Lack, of Los Angeles, California
For Appellee: Aaron P. Avila, Trial Attorney, Environment and Natural Resource Division, United States Department of Justice, of Washington, DC
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