KARUK TRIBE OF CALIFORNIA v. AMMON

Nos. 99-5002, 99-5003, 99-5006.

209 F.3d 1366 (2000)

KARUK TRIBE OF CALIFORNIA, Plaintiff-Appellant, v. Carol McConnell AMMON, Leslie Ammon, Elsie McCovey Bacon, Julia Lauretta Bartow, Ollie Roberts Foseide, Bonita Bacon Green, Janice M. Green, Dorothy Williams Haberman, Richard L. Haberman, Evelina Hoffman, Mary Gist Jackson, Martin Kinder, Sr., Rachel L. Knight, Ernest Lewis, Jr., Annie Mitchell Love, Ardith McConnell, Michael McConnell, Robert B. McConnell, Walter C. McKinnon, Thelma W. McLaughlin, Steven J. Metcalfe, Edward E. Mitchell, Veta Gillespie Mitchell, Gertrude V. Mollier, Edward Moore, David E. O'Neill, Herbert L. O'Neill, Barbara E. Orcutt, Lawrence E. Orcutt, David Eric Severns, Maria E. Tripp, and Kathryn Ichelson Wild, Plaintiffs-Appellants, and Yurok Indian Tribe, Plaintiff-Appellant, v. United States, Defendant-Appellee, and Hoopa Valley Tribe, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 18, 2000.


Attorney(s) appearing for the Case

Dennis J. Whittlesey, Jackson & Kelly, PLLC, of Washington, DC, argued for plaintiff-appellant, Karuk Tribe of California.

William C. Wunsch, of San Francisco, California, argued for plaintiffs-appellants, Carol McConnell Ammon, et al. Of counsel on the brief was Martin S. Putnam, Law Offices of Martin Putnam, of Oakland, California. Of counsel was Jonathan F. Putnam, Laws Offices of Martin Putnam.

John R. Shordike, of Alexander & Karshmer, of Berkeley, California, argued for plaintiff-appellant, Yurok Indian Tribe. With him on the brief was Curtis G. Berkey.

John A. Bryson, Attorney, Appellate Section, Environment and Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee, United States. With him on the brief were Lois J. Schiffer, Assistant Attorney General; Susan V. Cook and Thomas L. Halkowski, Attorneys. Of counsel on the brief was John Jasper, Attorney, Office of the Solicitor, U.S. Department of the Interior, of Washington, DC.

Thomas P. Schlosser, Morisset, Schlosser, Ayer & Jozwiak, of Seattle, Washington, argued for defendant-appellee, Hoopa Valley Tribe. With him on the brief was K. Allison McGaw.

Before NEWMAN, RADER, and SCHALL, Circuit Judges.


Opinion for the court filed by Circuit Judge RADER. Circuit Judge PAULINE NEWMAN dissents.

RADER, Circuit Judge.

The United States Court of Federal Claims denied the motions for summary judgment filed by the plaintiffs, the Karuk Tribe of California, the Yurok Indian Tribe, and a group of individual Indians led by Carol McConnell Ammon. See Karuk Tribe of California v. United States, 41 Fed.Cl. 468 (1998)...

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