CHEROKEE NATION OF OKLAHOMA v. U.S.

Nos. 95-5055, 95-5056.

124 F.3d 1413 (1997)

The CHEROKEE NATION OF OKLAHOMA, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee. The CHOCTAW NATION OF OKLAHOMA and The Chickasaw Nation, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 5, 1997.


Attorney(s) appearing for the Case

James Hamilton, Swidler & Berlin, Chartered, Washington, DC, argued, for plaintiffs-appellants The Cherokee Nation of Oklahoma, The Choctaw Nation of Oklahoma and The Chickasaw Nation. With him on the brief in 95-5055 were Michael L. Spafford and Wilson K. Pipestem. Of counsel on the brief was James G. Wilcoxen, Wilcoxen & Wilcoxen, Muskogee, OK.

Bob Rabon, Rabon, Wolf & Rabon, Hugo, OK, for plaintiffs-appellants The Choctaw Nation of Oklahoma and The Chickasaw Nation.

Thornton W. Field, Attorney, Environment and Natural Resources Division, Department of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief for both 95-5055 and 95-5056 were Lois J. Schiffer, Assistant Attorney General, Edward J. Shawaker and John T. Stahr, Attorneys.

Before MICHEL, LOURIE, and RADER, Circuit Judges.


RADER, Circuit Judge.

These cases* test the limit of a trial court's discretion to stay its proceedings. Before the United States Court of Federal Claims, the Cherokee Nation of Oklahoma, the Choctaw Nation of Oklahoma, and the Chickasaw Nation (the Tribes) seek damages from the United States for its alleged failure to manage certain tribal lands. Finding that it could not adjudicate the Tribes' claims until ownership in the tribal lands...

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