COBELL v. NORTON

No. 02-5374.

334 F.3d 1128 (2003)

Elouise Pepion COBELL, et al., Appellees, v. Gale A. NORTON, Secretary of the Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 2003.


Attorney(s) appearing for the Case

Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Gregory G. Katsas, Deputy Assistant Attorney General, Robert E. Kopp, Director, Thomas M. Bondy and Charles W. Scarborough, Attorneys, Roscoe C. Howard, Jr., U.S. Attorney, Mark E. Nagle and R. Craig Lawrence, Assistant U.S. Attorneys. B. Michael Rauh entered an appearance.

Herbert L. Fenster, Daniel G. Jarcho, Michael J. Bearman and Christina M. Carroll were on the briefs for amicus curiae Gale A. Norton, in her individual capacity, in support of appellant.

Elliott H. Levitas argued the cause for appellees. With him on the brief were Dennis M. Gingold and Keith M. Harper. George W. Austin entered an appearance.

Before: GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Beneficiaries of Individual Indian Money trust accounts, as a class, sued the Secretary of the Interior and other federal officials, in their official capacities, for breach of fiduciary duty in the management of those accounts. In an earlier appeal, we affirmed the district court's holding that the officials, who serve as trustee-delegates for the federal government, had breached...

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