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KAW NATION v. NORTON

No. 04-1029.

405 F.3d 1317 (2005)

KAW NATION, Appellant, v. Gale A. NORTON, Secretary of the Interior, Appellee, and Kaw Nation of Oklahoma, ex rel. Guy Munroe, Wanda Stone, Guyetta Monroe-Martin, and the Kaw Nation General Council, Intervenors.

United States Court of Appeals, Federal Circuit.

DECIDED: May 2, 2005.

Attorney(s) appearing for the Case

Michael Minnis, Doerner, Saunders, Daniel & Anderson, L.L.P., of Oklahoma City, Oklahoma, argued for appellant.

Kyle E. Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.

Lindsay R. Naas, of Chandler, Arizona, argued for intervenors. Of counsel on the brief were Charles A. Hobbs, Jerry C. Straus, and Eric D. Lemont, Hobbs, Straus, Dean & Walker, LLP, of Washington, DC.

Before MICHEL, Chief Judge, SCHALL and DYK, Circuit Judges.

DYK, Circuit Judge.

Appellant, styled Kaw Nation ("the EC4 Group"), claims to represent the federally-recognized Kaw Nation Indian tribe. The EC4 Group appeals from a decision by the Department of the Interior Board of Contract Appeals ("IBCA" or "Board"). The Board held that the Department of Interior ("Interior") was not authorized to accept the retrocession of the tribal court program and required that the agency release withheld program funds to the tribe pursuant...

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