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SAN CARLOS APACHE TRIBE v. U.S.

No. 2010-5102.

639 F.3d 1346 (2011)

SAN CARLOS APACHE TRIBE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 25, 2011.

Attorney(s) appearing for the Case

William P. Horn , Birch Horton Bittner and Cherot, P.C., of Washington, DC, argued for plaintiff-appellant. Of counsel on the brief was Steven M. Titla , Titla & Parsi, PLLC, of Globe, AZ. Of counsel was Kevin L. Parsi , Titla & Parsi, PLLC, of Scottsdale, AZ.

Tamara N. Rountree , Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued defendant-appellee. With her on the brief was Ignacia S. Moreno , Assistant Attorney General.

Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge NEWMAN.

LOURIE, Circuit Judge.

The San Carlos Apache Tribe ("Tribe") appeals from a decision of the United States Court of Federal Claims, which dismissed the Tribe's monetary damages claim against the United States for an alleged breach of fiduciary duty relating to water rights in the Gila River. Because the Court of Federal Claims correctly granted the government's motion to dismiss the Tribe's claim for lack of jurisdiction...

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