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COBELL v. NORTON

Nos. 03-5262 and 04-5084.

391 F.3d 251 (2004)

Elouise Pepion COBELL, et al., Appellees, v. Gale A. NORTON, as the Secretary of the Interior and Aurene M. Martin, Acting Assistant Secretary of the Interior for Indian Affairs, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 2004.

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 Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, Robert E. Kopp, Thomas M. Bondy, Charles W. Scarborough, Alisa B. Klein, Lewis S. Yelin, and Tara L. Grove, Attorneys.

G. William Austin, III argued the cause for appellees Elouise Pepion Cobell, et al. With him on the brief were Elliott H. Levitas, Mark I. Levy, Dennis M. Gingold, and Keith M. Harper. Jamin B. Raskin and Mark K. Brown entered appearances.

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

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Secretary of the Interior and others ("the Secretary") appeal the preliminary injunction of March 15, 2004, which superseded and replaced an injunction of July 28, 2003, and required disconnection of substantially all of the Department of the Interior's computer systems from the Internet. Cobell v. Norton, 310 F.Supp.2d 77 (D.D.C...

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