United States Federal Circuit

Public Law No. 108-7 suspends the statute of limitations for certain trust claims until an accounting of the trust is received; accordingly, claims relating to the Government's management of sand and gravel resources on a reservation are not time-barred. Plaintiffs are entitled to interest on money that the Government failed to collect on their behalf from the sale and lease of the resources.

Appellate Information

• Decided 04/07/2004
• Published 04/07/2004

Judges

• Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Steven D. Gordon, Holland & Knight LLP, of Washington, DC, argued for plaintiff-cross appellant The Shoshone Indian Tribe of the Wind River Reservation.   With him on the brief were Lynn E. Calkins and Maria Whitehorn Votsch.   Also on the brief was Richard M. Berley, Ziontz, Chestnut, Varnell, Berley & Slonim, of Seattle, WA, who argued for plaintiff-cross appellant The Arapaho Indian Tribe of the Wind River Reservation.   With him on the brief was Brian W. Chestnut., Robert H. Oakley, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for United States.   With him on the brief were Thomas L. Sansonetti, Assistant Attorney General;  Jeffrey Bossert Clark, Deputy Assistant Attorney General;  and Stuart Schoenburg, Attorney.   Of counsel was Stephen L. Simpson, Attorney, Office of the Solicitor, United States Department of Interior, of Washington, DC., Melody L. McCoy, Native AmericanRights Fund, of Boulder, CO, for amicus curiae Chippewa Cree Tribe of the Rocky Boy's Reservation.   Also on the brief was Jeanne S. Whiteing, Whiteing & Smith, of Boulder, CO, for amicus curiae Blackfeet Tribe of the Blackfeet Indian Reservation.