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SHOSHONE-BANNOCK TRIBES v. RENO

No. 94-5073.

56 F.3d 1476 (1995)

SHOSHONE-BANNOCK TRIBES, Appellants, v. Janet RENO, Attorney General of the United States, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1995.

As Amended June 28, 1995.

Attorney(s) appearing for the Case

Jeanette Wolfley, Boulder, CO, argued the cause, for appellants. With her on the briefs was Reid P. Chambers.

Jacques B. Gelin, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause, for appellee. With him on the brief were Lois J. Schiffer, Asst. Atty. Gen., Edward J. Shawaker and Edward J. Passarelli, Attys., U.S. Dept. of Justice. Albert M. Ferlo, Jr. entered an appearance.

Before: WALD, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

Concurring opinion filed by Circuit Judge ROGERS, in which Circuit Judge WALD joins.

RANDOLPH, Circuit Judge:

The district court dismissed an action brought by the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation for lack of jurisdiction. The Tribes sought to compel the Attorney General to file claims on their behalf in the Snake River basin water rights

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