United States Federal Circuit

Dismissal of a cause of action brought by an Indian tribe against the U.S. for damages arising from a settlement related to the Arkansas River basin is reversed where the trial court erred in finding the Cherokee Nation of Oklahoma a "necessary" party under Rule 19 of the U.S. Court of Federal Claims.

Appellate Information

• Decided 03/19/2007
• Published 03/19/2007

Judges

• GAJARSA, Circuit Judge., Before SCHALL and GAJARSA, Circuit Judges, and McKINNEY, Chief Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael Gerard Rossetti, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief was L. Rachel Helyar, of Los Angeles, California.


• For Appellees:
  
• David C. Shilton, Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant.   With him on the brief was Matthew J. McKeown, Acting Assistant Attorney General., Lloyd B. Miller, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, of Washington, DC, argued for defendant-appellee.   With him on the brief were Arthur Lazarus, Jr. and Anne D. Noto.