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THOMPSON v. CHEROKEE NATION OF OKLAHOMA

No. 02-1286.

334 F.3d 1075 (2003)

Tommy G. THOMPSON, Secretary of Health and Human Services, Appellant, v. CHEROKEE NATION OF OKLAHOMA, Appellee.

United States Court of Appeals, Federal Circuit.

July 3, 2003.

Attorney(s) appearing for the Case

Jeffrica Jenkins Lee, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for appellant. With her on the brief was Robert D. McCallum, Jr., Assistant Attorney General; and Barbara C. Biddle, Attorney.

Lloyd Benton Miller, Sonosky, Chambers, Sachse, Miller & Munson, of Anchorage, AK, argued for appellee. With him on the brief was Melanie B. Osborne.

Michael P. Gross, M.P. Gross & Associates, P.C., of Santa Fe, NM for amicus curiae Ramah Navajo Chapter. Of counsel on the brief was Carl Bryant Rogers, Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, LLP, of Santa Fe, NM.

Marsha Kostura Schmidt, Hobbs, Straus, Dean & Walker, LLP, of Washington, DC, for amicus curiae Alamo-Navajo School Board, et al.

Shelby Settles, National Congress of American Indians, of Washington, DC, for amicus curiae National Congress of American Indians.

Before CLEVENGER, SCHALL, and DYK, Circuit Judges.

DYK, Circuit Judge.

This case raises the question of whether the Secretary of the Department of Health and Human Services ("the Secretary") breached his contracts with the Cherokee Nation of Oklahoma ("the appellee"), entered into pursuant to the Indian Self Determination and Education Assistance Act, 25 U.S.C. §§ 450-450n ("ISDA").

The Department of the Interior Board of Contract Appeals ("the Board") determined that the Secretary breached his contracts...

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