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UNITED STATES v. WHITE MOUNTAIN APACHE TRIBE

No. 01-1067.

537 U.S. 465 (2003)

UNITED STATES v. WHITE MOUNTAIN APACHE TRIBE

Supreme Court of United States.

Decided March 4, 2003

Attorney(s) appearing for the Case

Gregory G. Garre argued the cause for the United States. With him on the briefs were Solicitor General Olson, Assistant Attorney General Sansonetti, Deputy Solicitor General Kneedler, Elizabeth Ann Peterson, and James M. Upton.

Robert C. Brauchli argued the cause and filed a brief for respondent.*

SOUTER, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, GINSBURG, and BREYER, JJ., joined. GINSBURG, J., filed a concurring opinion, in which BREYER, J., joined, p. 479. THOMAS, J., filed a dissenting opinion, in which REHNQUIST, C. J., and SCALIA and KENNEDY, JJ., joined, p. 481.

JUSTICE SOUTER delivered the opinion of the Court.

The question in this case arises under the Indian Tucker Act: does the Court of Federal Claims have jurisdiction over the White Mountain Apache Tribe's suit against the United States for breach of fiduciary duty to manage land and improvements held in trust for the Tribe but occupied by the Government. We hold that it does.

I

The former military post of Fort Apache dates back to 1870 when the United...

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