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CONFEDERATED TRIBES OF COLVILLE RESERVATION v. U.S.

No. 90-5099.

964 F.2d 1102 (1992)

The CONFEDERATED TRIBES OF the COLVILLE RESERVATION, Colville, Lake, Sanpoil-Nespelem, Okanogan, Methow, Columbia, Wenatchee, Chelan, Entiat, Palus, and Joseph's Band of the Nez Perce Indians, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 17, 1992.

Attorney(s) appearing for the Case

Harry R. Sachse, Sonosky, Chambers & Sachse, Washington, D.C., argued, for plaintiffs-appellants. With him on the brief were Anne D. Noto and I.S. Weissbrodt.

Andrew C. Mergen, Dept. of Justice, Washington, D.C., argued for defendant-appellee. Richard B. Stewart, Asst. Atty. Gen., Edward J. Passarelli, John A. Bryson and J. Carol Williams, Attys., Dept. of Justice, Washington, D.C., were on the brief, for defendant-appellee.

Before NIES, Chief Judge, BENNETT, Senior Circuit Judge, and PLAGER, Circuit Judge.

BENNETT, Senior Circuit Judge.

The Confederated Tribes of the Colville Reservation appeal the judgment of the United States Claims Court in Confederated Tribes v. United States, 20 Cl.Ct. 31 (1990). Therein the Claims Court granted the United States' (Government) motion for partial summary judgment on the issue of liability, denied the Tribes' cross motion for partial summary judgment and dismissed their petition which sought compensation for water power values...

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