NAVAJO NATION, Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Decided October 24, 2003.
Decided October 24, 2003.
Attorney(s) appearing for the Case
Paul E. Frye, Frye Law Firm, P.C., of Albuquerque, NM, for plaintiff-appellant. Of counsel on the brief was Daniel I.S.J. Rey-Bear, Nordhaus, Haltom, Taylor, Taradash & Bladh, L.L.P., of Albuquerque, NM.
Todd S. Aagaard, Attorney, Environment & Natural Resources Division, Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief were R. Anthony Rogers, of Washington, DC, and Kristine S. Tardiff, of Concord, New Hampshire, Attorneys. Of counsel was Elizabeth Ann Peterson, Attorney, of Washington, DC.
V. Thomas Lankford, Lankford & Coffield, P.L.L.C., of Alexandria, VA, for amici curiae Peabody Holding Company, Inc., et al. Of counsel were William F. Coffield and Terrance G. Reed.
Before NEWMAN, SCHALL, and LINN Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion of the court filed by Circuit Judge SCHALL, in which Circuit Judge LINN joins.
Opinion dissenting in part filed by Circuit Judge PAULINE NEWMAN.
SCHALL, Circuit Judge.
In Navajo Nation v. United States,263 F.3d 1325 (Fed.Cir.2001), this court held that the Indian Mineral Leasing Act of 1938, codified at 25 U.S.C. § 396 et seq. ("IMLA"), imposes a fiduciary duty upon the United States, the...
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