SHORT v. U.S.

Nos. 93-5193, 93-5208, 93-5209, 94-5016, 94-5020 and 94-5025.

50 F.3d 994 (1995)

Jessie SHORT and 104 named Plaintiffs, and Rethema I. Barber and 2,499 other named Plaintiffs, Plaintiffs/Cross-Appellants, and Dennis W. Barnes and the remaining 1,139 Plaintiffs, Plaintiffs, v. The UNITED STATES, Defendant-Appellant, v. The HOOPA VALLEY TRIBE OF INDIANS, Defendant-Appellee/Cross-Appellee.

United States Court of Appeals, Federal Circuit.

March 14, 1995.


Attorney(s) appearing for the Case

Edward J. Shawaker, Atty., Environment & Nat. Resource Div., Washington, DC, argued, for defendant-appellant. With him on the brief, were Lois J. Schiffer, Acting Asst. Atty. Gen., Environment & Nat. Resources Div. and Jacques B. Gelin, Atty. Also on the brief, was Myles E. Flint, Deputy Asst. Atty. Gen., Environment & Nat. Resources Div.

William K. Shearer, Duke, General, Shearer & Bregante, San Diego, CA, argued, for plaintiffs/cross-appellants, Short & Barber. William C. Wunsch, Falkner, Sheehan & Wunsch, San Francisco, CA, argued, for plaintiffs/cross-appellants, Short & Barber. With him on the brief, were Weyman I. Lundquist, Robert S. Venning and Michael S. Greenberg, Heller, Ehrman, White & McAuliffe, San Francisco, CA.

Thomas P. Schlosser, Pirtle, Morisset, Schlosser & Ayer, Seattle, WA, argued, for defendant-appellee/cross-appellee, The Hoopa Valley Tribe of Indians. Evelyn M. Conroy, Jolles, Bernstein & Garone, P.C., Portland, OR, argued, for defendant-appellee/cross-appellee.

Before MAYER, MICHEL and RADER, Circuit Judges.


Opinion for the court filed by Circuit Judge MAYER. Dissenting in part opinion filed by Circuit Judge MICHEL.

MAYER, Circuit Judge.

The United States appeals a judgment of the United States Court of Federal Claims, No. 102-63 (July 29, 1993), ordering the United States to pay the plaintiffs certain sums plus interest. The plaintiffs, several thousand American Indians, cross-appeal certain judgments and orders relating...

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