United States Tenth Circuit
Southern Ute Indian Tribe v. Leavitt, 07-2274
In an action challenging the Secretary of Health and Human Services' decision not to enter into a self-determination agreement with Plaintiff Indian tribe, Plaintiff's appeal is dismissed where the District Court's order regarding the start date of the agreement was not final and therefore not appealable.
Appellate Information
- Decided 05/04/2009
- Published 05/04/2009
Judges
- HENRY, Chief Judge., Before HENRY, Chief Judge, TACHA and MURPHY, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Steven Boos, Maynes, Bradford Shipps & Sheftel, Durango, CO (with Monte Tyler Mills, Southern Ute Indian Tribe Legal Department, on the briefs) for Plaintiff-Appellant., Lloyd B. Miller and Hilary V. Martin, Sonosky, Chambers, Sachse, Miller & Munson, LLP, Anchorage, AK, filed an amicus curiae brief for the National Congress of American Indians is support of Plaintiff-Appellant.
- For Appellees:
- John S. Koppel (Gregory G. Katsas, Acting Assistant Attorney General, Gregory J. Fouratt, United States Attorney, and Barbara C. Biddle and Jeffrica Jenkins Lee, Attorneys, Appellate Staff, on the brief) Department of Justice, Washington, D.C., for Defendants-Appellees.