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WHITE MOUNTAIN APACHE TRIBE v. U.S.

No. 00-5044.

249 F.3d 1364 (2001)

White Mountain Apache Tribe, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided May 16, 2001.

Attorney(s) appearing for the Case

Robert C. Brauchli, Brauchli & Brauchli, P.C., of Tucson, Arizona, argued for plaintiff-appellant.

Elizabeth Ann Peterson, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Lois J. Schiffer, Assistant Attorney General.

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

Opinion for the court filed by Circuit Judge DYK. Dissenting Opinion filed by Chief Judge MAYER.

DECISION

DYK, Circuit Judge.

This case presents the question of whether a 1960 Act of Congress, Pub.L. No. 86-392, 74 Stat. 8 (1960) (the "1960 Act"), obligates the United States to maintain or restore certain property and buildings held by the United States in trust for the White Mountain Apache Tribe (the "Tribe")1 so that...

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