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IN RE KEMPTHORNE

No. 03-5288.

449 F.3d 1265 (2006)

In re: Dirk KEMPTHORNE Secretary of the Interior in his official capacity, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 2006.

Attorney(s) appearing for the Case

Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for petitioner. 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, Mark B. Stern, Alisa B. Klein, Mark R. Freeman, and I. Glenn Cohen, Attorneys. Charles W. Scarborough, Attorney, entered an appearance.

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

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

The Secretary of the Interior, in his official capacity, petitioned this court for a writ of mandamus disqualifying Special Master Alan Balaran and suppressing three reports he filed with the district court in the on-going litigation involving Interior's management of trust accounts for the benefit of American Indians, Cobell v. Norton, 157 F.Supp.2d 82<...

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