United States Tenth Circuit

A claim against the United States based on adequacy of funding, after performance of contracts operated under the Indian Self-Determination and Education Assistance Act, was not actionable because funding was subject to availability of appropriations from Congress, which appropriations were insufficient.

Appellate Information

• Decided 11/27/2002
• Published 11/27/2002

Judges

• ANDERSON, Circuit Judge., Before MURPHY, ANDERSON, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Lloyd Benton Miller (William R. Perry, Melanie B. Osborne with him on the briefs), Sonosky, Chambers, Sachse, Miller & Munson, Anchorage, AK, for Plaintiffs-Appellants., Marsha Kostura Schmidt, Hobbs, Straus, Dean & Walker, LLP, Washington, DC, filed an amici brief on behalf of Alamo-Navajo School Board, Bristol Bay Area Health Corporation, and LAC Courtes Orielles Band of Lake Superior Chippewa Indians., Michael P. Gross, M.P. Gross & Associates, P.C., Santa Fe, NM, and C. Bryant Rogers, Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, LLP, Santa Fe, NM, filed an amici brief on behalf of Ramah Navajo Chapter, Oglala Sioux Tribe, and Ramah Navajo School Board, Inc.


• For Appellees:
  
• Jeffrica Jenkins Lee, Attorney, Civil Division, United States Department of Justice, Washington, DC (Robert D. McCallum, Jr., Assistant Attorney General, Washington, DC;  Sheldon J. Sperling, United States Attorney, Muskogee, OK;  and Barbara C. Biddle, Attorney, Civil Division, United States Department of Justice, Washington, DC, with her on the briefs), for Defendants-Appellees.