No. 2010-5067.

657 F.3d 1330 (2011)

SAMISH INDIAN NATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 20, 2011.

Attorney(s) appearing for the Case

Craig J. Dorsay , Dorsay & Easton, LLP, of Portland, OR, argued for plaintiff-appellant. With him on the brief were William R. Perry and Anne D. Noto, Sonosky , Chambers, Sachse, Endreson & Perry LLP, of Washington, DC.

Thekla Hansen-Young , Attorney, Environment and Natural Resources Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Ignacia S. Moreno , Assistant Attorney General, Kathryn E. Kovacs , Attorney. Of counsel was Devon Lehman McCune , Attorney, United States Department of Justice, of Denver, CO.

Before BRYSON, GAJARSA, and MOORE, Circuit Judges.

GAJARSA, Circuit Judge.

The issues on appeal before this court are ones of statutory construction. We must decide whether certain claims are premised on money-mandating statutes and are therefore within the jurisdiction of the United States Court of Federal Claims pursuant to the Tucker Act, 28 U.S.C. § 1491(a), and the Indian Tucker Act, 28 U.S.C. § 1505. The Court of Federal Claims dismissed for lack of jurisdiction...


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