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BROWN v. U.S.

No. 99-5049.

195 F.3d 1334 (1999)

Errol BROWN, Milford L. Brown, Ollie Brown, Randall Brown, Mary Cadavas, Lupe Chiago, Eula Columbus, Beverly J. Hayes, Charlene L. Manuel, Shirley Martinez and Trudymontiel Villa, for themselves and on behalf of all Lessors under Lease B-45, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 3, 1999.

Attorney(s) appearing for the Case

Richard W. Hughes, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, LLP, Santa Fe, New Mexico, argued, for plaintiffs-appellants.

Katherine W. Hazard, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, DC, argued, for defendant-appellee. With her on the brief were Peter Coppelman, Acting Assistant Attorney General, Elizabeth Ann Peterson and James M. Upton, Attorneys, General Litigation Section. Of counsel on the brief were Maria Wiseman, and James Wong, Attorneys, Office of the Solicitor, U.S. Department of Interior, Washington, DC.

Before MAYER, Chief Judge, MICHEL and CLEVENGER, Circuit Judges.

MICHEL, Circuit Judge.

Errol Brown et al. ("Brown"), Native Americans, sued the United States on February 7, 1991 in the United States Claims Court, renamed the United States Court of Federal Claims, alleging breach of fiduciary duties by the Secretary of the Interior (the "Secretary") in connection with administration of leases for tribal land. The trial court dismissed four of the five claims as time-barred and, alternatively, as failing to state a claim...

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