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SAMISH INDIAN NATION v. U.S.

No. 04-5042.

419 F.3d 1355 (2005)

SAMISH INDIAN NATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 19, 2005.

Attorney(s) appearing for the Case

Craig J. Dorsay, Portland, Oregon, argued for plaintiff-appellant. With him on the brief were William R. Perry and Anne D. Noto, Sonosky, Chambers, Sachse, Endreson & Perry, Washington, DC.

Kathryn E. Kovacs, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Thomas L. Sansonetti, Assistant Attorney General and Todd S. Aagaard, Attorney. Of counsel on the brief was Jason Roberts, Attorney, Office of the Solicitor, United States Department of Interior, of Washington, DC.

Before CLEVENGER, SCHALL and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

The Samish Indian Nation ("Samish") appeal from the judgment of the United States Court of Federal Claims in favor of the United States. In two counts the Samish claimed federal benefits allegedly owed between 1969 and 1996. The trial court dismissed these counts with prejudice. In a third count the Samish claimed federal benefits allegedly owed since 1996. The trial court dismissed this count without prejudice. Samish Indian Nation v. United...

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