United States Federal Circuit

In light of the Supreme Court's finding that the Indian Mineral Leasing Act of 1938, 25 U.S.C. section 396, does not impose a fiduciary duty upon the US, the case is remanded to determine whether plaintiff waived a claim with respect to a network of other statutes and regulations.

Appellate Information

• Decided 10/24/2003
• Published 10/24/2003

Judges

• Before NEWMAN, SCHALL, and LINN Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul E. Frye,Frye Law Firm, P.C., of Albuquerque, NM, for plaintiff-appellant.   Of counsel on the brief was Daniel I.S.J. Rey-Bear, Nordhaus, Haltom, Taylor, Taradash & Bladh, L.L.P., of Albuquerque, NM., V. Thomas Lankford, Lankford & Coffield, P.L.L.C., of Alexandria, VA, for amici curiae Peabody Holding Company, Inc., et al.   Of counsel were William F. Coffield and Terrance G. Reed.


• For Appellees:
  
• Todd S. Aagaard, Attorney, Environment & Natural Resources Division, Department of Justice, of Washington, DC, for defendant-appellee.   With him on the brief were R. Anthony Rogers, of Washington, DC, and Kristine S. Tardiff, of Concord, New Hampshire, Attorneys.   Of counsel was Elizabeth Ann Peterson, Attorney, of Washington, DC.