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IN RE U.S.

No. 908.

590 F.3d 1305 (2009)

In re UNITED STATES, Petitioner.

United States Court of Appeals, Federal Circuit.

December 30, 2009.

Attorney(s) appearing for the Case

Brian C. Toth, Attorney, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, for petitioner. With him on the petition was John C. Cruden, Acting Assistant Attorney General.

Steven D. Gordon, Holland & Knight LLP, of Washington, DC, for respondent, Jicarilla Apache Nation.

Alan R. Taradash, Nordhaus Law Firm, LLP, of Albuquerque, NM, for amici curiae, Navajo Nation and Pueblo of Laguna. With him on the brief were Daniel I.S.J. Rey-Bear, of Albuquerque, New Mexico, and Donald H. Grove, of Washington, DC.

Before LOURIE, FRIEDMAN, and GAJARSA, Circuit Judges.

ORDER

GAJARSA, Circuit Judge.

The United States petitions for a writ of mandamus to direct the Court of Federal Claims ("trial court") to vacate its orders requiring the United States to produce documents that it asserts are protected by the attorney-client privilege. Jicarilla Apache Nation ("Jicarilla") opposes. We hold that the United States cannot deny an Indian tribe's request to discover communications between the United States and its attorneys...

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