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TE-MOAK BANDS OF WESTERN SHOSHONE INDIANS v. U.S.

No. 91-5053.

948 F.2d 1258 (1991)

TE-MOAK BANDS OF WESTERN SHOSHONE INDIANS OF NEVADA, et al., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 10, 1991.

Suggestion for Rehearing Declined December 19, 1991.

Attorney(s) appearing for the Case

Charles A. Hobbs, Hobbs, Straus, Dean & Wilder, Washington, D.C., argued for plaintiffs-appellants, with him on the brief was Frances L. Horn.

Peter A. Appel, Dept. of Justice, of Washington, D.C., argued for defendant-appellee, Richard B. Stewart, Asst. Atty. Gen. and Robert L. Klarquist, Atty., Dept. of Justice, were on the brief for defendant-appellee.

Before LOURIE, Circuit Judge, BENNETT, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Suggestion for Rehearing In Banc Declined December 19, 1991.

BENNETT, Senior Circuit Judge.

The Te-Moak Bands of Western Shoshone Indians of Nevada appeal the judgment of the United States Claims Court, 18 Cl.Ct. 74 (1989), which granted the United States' (Government) motion to dismiss the Indians' water claim exceptions (Exceptions 15 & 16, filed June 29, 1982) to the Government's accounting report. The Claims Court held that these exceptions were outside...

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