HELLER, EHRMAN, WHITE & MacAULIFFE v. BABBITT

Nos. 92-5003, 92-5004.

992 F.2d 360 (1993)

HELLER, EHRMAN, WHITE & MacAULIFFE, et al., Appellees, v. Bruce BABBITT, Secretary of the Interior of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 18, 1993.


Attorney(s) appearing for the Case

Andrew C. Mergen, Atty., Dept. of Justice, with whom Vicki A. O'Meara, Acting Asst. Atty. Gen., Martin W. Matzen and Edward J. Passarelli, Attys., Dept. of Justice, Washington, DC, were on the brief for appellants Bruce Babbitt, Secretary of Interior and the U.S.

George Forman, with whom Paul Alexander and Barbara Karshmer, Berkeley, CA, were on the brief, for appellants Jesse Short, Susan M. Masten and Valerie Reed.

Roger E. Warin, with whom Ellen M. McNamara, Scott E. Ransick and M. Jean Anderson, Washington, DC, were on the brief, for appellees.

Before: MIKVA, Chief Judge, SILBERMAN and HENDERSON, Circuit Judges.


Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

This is an appeal from a district court judgment awarding attorneys' fees to three law firms from the "Settlement Fund" created by Congress pursuant to the Hoopa-Yurok Settlement Act ("HYSA"). See 25 U.S.C. §§ 1300i, et seq. The district court declined to consider whether it had jurisdiction over the case, and instead moved swiftly to the merits. The district court...

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