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EASTERN SHAWNEE TRIBE OF OKLAHOMA v. U.S.

No. 2008-5102.

582 F.3d 1306 (2009)

EASTERN SHAWNEE TRIBE OF OKLAHOMA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 17, 2009.

Attorney(s) appearing for the Case

Brian J. Leinbach, Engstrom, Lipscomb & Lack, of Los Angeles, CA, argued for plaintiff-appellant.

Aaron P. Avila, Trial Attorney, Environment and Natural Resource Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was John C. Cruden, Acting Assistant Attorney General.

Concurring opinion filed by Circuit Judge MOORE.

DYK, Circuit Judge.

The Eastern Shawnee Tribe of Oklahoma ("the Tribe") brought suit in the Court of Federal Claims, alleging that the United States had breached fiduciary and other duties as trustee of property and other assets owned by the Tribe. The Court of Federal Claims dismissed the case without prejudice, holding that 28 U.S.C. § 1500 precluded the Court of Federal Claims' jurisdiction over the Tribe's claims because the Tribe had earlier filed a

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