United States DC Circuit

In an action seeking an accounting of funds held by federal officials on behalf of American Indians, district court's order that an accounting is impossible is vacated as the holding of impossibility contradicted the requirement of an equitable accounting. The district court is instructed to provide the trust beneficiaries the best accounting possible, in a reasonable time, with the money that Congress is willing to appropriate.

Appellate Information

• Argued 05/11/2009
• Decided 07/24/2009
• Published 07/24/2009

Judges

• Before:  SENTELLE, Chief Judge, GINSBURG, Circuit Judge, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Merrill C. Godfrey argued the cause for movant-intervenor Osage Nation.   With him on the brief was James P. Tuite.


• For Appellees:
  
• Dennis M. Gingold argued the cause for appellants/cross-appellees. With him on the briefs were Elliott H. Levitas and David C. Smith.   Keith M. Harper entered an appearance., Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellees/cross-appellants.   With her on the briefs were Michael F. Hertz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Robert E. Kopp, Mark B. Stern, Thomas M. Bondy, Alisa B. Klein, Mark R. Freeman, and Samantha L. Chaifetz, Attorneys.  Tracy L. Hilmer and James C. Kohn, Attorneys, U.S. Department of Justice, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.