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COBELL v. NORTON

No. 05-5068.

428 F.3d 1070 (2005)

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

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 2005.

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, Alisa B. Klein, Mark R. Freeman, and I. Glenn Cohen, Attorneys.

G. William Austin III argued the cause for appellees. With him on the brief were Dennis M. Gingold, Elliott H. Levitas, Mark I. Levy, and Keith M. Harper.

Before: GARLAND, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

In 1994 Congress passed legislation that acknowledged the fiduciary duties that the Secretaries of the Departments of the Interior and Treasury — the defendants in this case — owed to beneficiaries of Individual Indian Money ("IIM") accounts. Frustrated by delay in the fulfillment of these duties, plaintiffs filed a class action in 1996

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