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BABBITT v. OGLALA SIOUX TRIBAL PUBLIC SAFETY DEPT.

No. 99-1033.

194 F.3d 1374 (1999)

Bruce BABBITT, Secretary of the Interior, Appellant, v. OGLALA SIOUX TRIBAL PUBLIC SAFETY DEPARTMENT, Appellee.

United States Court of Appeals, Federal Circuit.

October 27, 1999.

Attorney(s) appearing for the Case

Leslie V. Batchelor, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for appellant. With her on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Kirk T. Manhardt, Assistant Director.

Michael P. Gross, Law Offices of Michael P. Gross, of Santa Fe, New Mexico, argued for appellee. Of counsel was Carl Bryant Rogers, Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, LLP, of Santa Fe, New Mexico.

Before MICHEL, PLAGER, and GAJARSA, Circuit Judges.

Opinion for the court filed by Circuit Judge PLAGER. Additional views filed by Circuit Judge GAJARSA.

PLAGER, Circuit Judge.

The United States Department of the Interior Board of Contract Appeals ("IBCA" or "Board") granted summary judgment against Bruce Babbitt, Secretary of the Interior ("Government" or "Interior"), and in favor of Oglala Sioux Tribal Public Safety Department ("Oglala"). See Appeal of Oglala Sioux Tribal Pub. Safety Dep't, IBCA No...

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