United States DC Circuit

After dismissal of complaint, based on six-year statute of limitations for non-tort actions against the U.S., alleging defendants improperly terminated plaintiff former Ute tribe members' status as federally recognized Indians and, in the process of partitioning tribal assets prior to termination, breached its fiduciary duty to them, case is remanded for consideration of whether plaintiffs' claims have been saved by recently enacted legislation providing that the statute of limitations "shall not commence to run" on Indian claims of trust fund mismanagement until the U.S. has provided an accounting.

Appellate Information

• Argued 12/11/2006
• Decided 01/19/2007
• Published 01/19/2007

Judges

• Before:  TATEL and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Dennis G. Chappabitty argued the cause and filed the briefs for appellants.


• For Appellees:
  
• John E. Arbab, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief was David C. Shilton, Attorney.