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GROS VENTRE TRIBE v. U.S.

No. 04-36167.

469 F.3d 801 (2006)

GROS VENTRE TRIBE; Assiniboine Tribe; The Fort Belknap Indian Community Council of the Fort Belknap Indian Reservation, Plaintiffs-Appellants, v. UNITED STATES of America; United States Bureau of Land Management, an agency of the U.S. Dept' of Interior; Bureau of Indian Affairs, an agency of the U.S. Dept' of Interior; and Indian Health Service, an agency of the U.S. Dept' of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2006.

Attorney(s) appearing for the Case

Michael D. Axline, Western Environmental Law Center, Sacramento, CA, for the plaintiffs-appellants.

John E. Arbab, Trial Attorney, Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the defendants-appellees.

Before: TALLMAN and BYBEE, Circuit Judges, and HUFF, District Judge.

TALLMAN, Circuit Judge:

Appellants Gros Ventre Tribe, Assiniboine Tribe, and the Fort Belknap Indian Community Council (collectively "the Tribes") appeal the district court's order granting summary judgment for the United States. The Tribes filed suit in the District of Montana against the United States, its Bureau of Land Management ("BLM"), the Bureau of Indian Affairs, and the Indian Health Service (collectively "the government"), alleging that the government had...

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