United States Federal Circuit
WHITE MOUNTAIN APACHE TRIBE v. US, 00-5044
The government's use of any part of the Tribe's trust property for governmental purposes requires the government to act in accordance with the duties of a common law trustee, and the control exercised creates a fiduciary relationship giving rise to a claim for money damages.
Appellate Information
- Decided 05/16/2001
- Published 05/16/2001
Judges
- Before MAYER, Chief Judge, MICHEL and DYK, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Robert C. Brauchli,Brauchli & Brauchli, P.C., of Tucson, AZ, argued for plaintiff-appellant.
- For Appellees:
- Elizabeth Ann Peterson, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Lois J. Schiffer, Assistant Attorney General.