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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.
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