Nos. 90-5145, 90-5157.

936 F.2d 1320 (1991)

RED LAKE BAND OF CHIPPEWA INDIANS, et al., Appellees, v. UNITED STATES of America, Appellant. RED LAKE BAND OF CHIPPEWA INDIANS, et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

John C. Martin, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., were on the brief, Washington, D.C., for appellant in No. 90-5145 and appellee in No. 90-5157.

Harry R. Sachse, for appellees in No. 90-5145 and cross-appellants in No. 90-5157. Kay L. Richman, also entered an appearance, Washington, D.C., for Red Lake Band of Chippewa Indians, et al.

Before WILLIAMS, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

The appellees, the Red Lake Band of Chippewa Indians ("Band") and certain of its members, brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., ("FTCA") seeking damages resulting from the government's negligent failure to contain an uprising by dissident members of the Band. Initially, the district court granted summary judgment...

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