FELTER v. KEMPTHORNE

No. 06-5092.

473 F.3d 1255 (2007)

Oranna Bumgarner FELTER, et al., Appellants v. Dirk KEMPTHORNE, Secretary of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 2007.


Attorney(s) appearing for the Case

Dennis G. Chappabitty argued the cause and filed the briefs for appellants.

John E. Arbab, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was David C. Shilton, Attorney.

Before: TATEL and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

In 2002, appellants, former members of the Ute Indian Tribe and their descendants, filed a multi-count complaint alleging that in the 1950s and 1960s the federal government improperly terminated their status as federally recognized Indians and, in the process of partitioning tribal assets prior to termination, breached its fiduciary duty to them. The district court dismissed the complaint...

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