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UNITED KEETOOWAH BAND OF CHEROKEE INDIANS v. U.S.

Nos. 06-5003, 06-5021.

480 F.3d 1318 (2007)

UNITED KEETOOWAH BAND OF CHEROKEE INDIANS OF OKLAHOMA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Cross Appellant, v. The Cherokee Nation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 19, 2007.

Attorney(s) appearing for the Case

Michael Gerard Rossetti, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was L. Rachel Helyar, of Los Angeles, California.

David C. Shilton, Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant. With him on the brief was Matthew J. McKeown, Acting Assistant Attorney General.

Lloyd B. Miller, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, of Washington, DC, argued for defendant-appellee. With him on the brief were Arthur Lazarus, Jr. and Anne D. Noto.

Before SCHALL and GAJARSA, Circuit Judges, and McKINNEY, Chief Judge.

GAJARSA, Circuit Judge.

The United Keetoowah Band of Cherokee Indians of Oklahoma ("UKB") appeals and the United States cross-appeals the Court of Federal Claims' ("trial court" or "court") dismissal of the cause of action brought by the UKB against the United States for damages arising from a settlement related to the Arkansas River basin. The trial court dismissed the cause of action upon finding under Rule 19 of the United States Court of Federal Claims ("RCFC...

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