WOPSOCK v. NATCHEES

No. 05-1494.

454 F.3d 1327 (2006)

Ronald J. WOPSOCK, Luke J. Duncan, and Cassandra Kochamp, Plaintiffs-Appellants, v. Millicent Maxine NATCHEES, in her individual capacity and in her official capacity as Chairperson of the Tribal Business Committee of the Ute Indian Tribe of the Uintah and Ouray Indian Reservation, T. Smiley Arrowchis, in his individual capacity and in his official capacity as Vice-Chairman of the Tribal Business Committee, O. Roland McCook, Sr., in his individual capacity and in his official capacity as a member of the Tribal Business Committee, Richard Jenks, Jr., in his individual capacity and in his official capacity as a member of the Tribal Business Committee, John P. Jurris, and Susan Hammer, Defendants-Appellees, and Dirk Kempthorne, Secretary of the Interior, James Cason, Associate Deputy Secretary, Department of the Interior, Allen Anspach, in his official capacity as Acting Regional Director, Western Regional Office, Bureau of Indian Affairs, Chester D. Mills, in his individual capacity and in his official capacity as Superintendent, Uintah and Ouray Agency, Bureau of Indian Affairs, and Wayne Nordwall, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 11, 2006.


Attorney(s) appearing for the Case

David W. Scofield, Peters Scofield Price, P.C., of Salt Lake City, Utah, argued for plaintiffs-appellants.

Charles L. Kaiser, Davis Graham & Stubbs LLP, of Denver, Colorado, argued for defendants-appellees, Millicent Maxine Natchees, et al. With him on the brief was Charles A. Breer.

John A. Bryson, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees, Dirk Kempthorne, Secretary of the Interior, et al. With him on the brief were Matthew J. McKeown, Deputy Assistant Attorney General, and William B. Lazarus, Attorney.

Before RADER, SCHALL, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

Ronald Wopsock, Luke Duncan, and Cassandra Kochamp brought this action in the United States District Court for the District of Utah against several officials of the Ute Indian Tribe and others associated with them ("the tribal defendants"), and against several federal officials, including the Secretary of the Interior ("the federal defendants"). The district court granted the tribal defendants' motion to dismiss the complaint and the federal...

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