WESTERN SHOSHONE BUSINESS COUNCIL v. BABBITT

No. 92-4062.

1 F.3d 1052 (1993)

WESTERN SHOSHONE BUSINESS COUNCIL, for and on behalf of the WESTERN SHOSHONE TRIBE OF THE DUCK VALLEY RESERVATION; Edwards, McCoy & Kennedy, P.C., Plaintiffs-Appellants, v. Bruce E. BABBITT, Secretary of the United States Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 27, 1993.


Attorney(s) appearing for the Case

John Paul Kennedy, Salt Lake City, UT, for plaintiffs-appellants.

Ellen J. Durkee, Atty., Environment & Natural Resources Div., Dept. of Justice, Washington DC (Roger Clegg, Asst. Atty. Gen., David J. Jordan, U.S. Atty., and Stephen Roth, Asst. U.S. Atty., Salt Lake City, UT, Jim Upton and John A. Bryson, Attys., Environment & Natural Resources Div., Dept. of Justice, Washington, DC; of counsel: Scott Keep, Office of the Sol., Dept. of the Interior, Washington, DC, and Wayne Nordwall, Office of the Field Sol., Dept. of the Interior, Phoenix, AZ, with her on the brief), for defendant-appellee.

Before LOGAN, RONEY and SEYMOUR, Circuit Judges.


LOGAN, Circuit Judge.

Plaintiffs, the Western Shoshone Business Council (Council), suing for and on behalf of the Western Shoshone Tribe of the Duck Valley Reservation (Western Shoshones), and the law firm Edwards, McCoy & Kennedy (EM & K), appeal the decision of the district court granting defendant Secretary of the Interior's motion to dismiss and denying plaintiffs' motions for leave to file an amended complaint.

In 1989, the Council approved a...

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