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RICHARD v. U.S.

No. 2011-5083.

677 F.3d 1141 (2012)

James RICHARD, Sr., (Personal Representative of the Estate of Calonnie D. Randall, Deceased), and Jon Whirlwind Horse, (Personal Representative of the Estate of Robert J. Whirlwind Horse, Deceased), Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 13, 2012.

Attorney(s) appearing for the Case

James D. Leach , of Rapid City, South Dakota, argued for plaintiffs-appellants.

J. Hunter Bennett , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director and Bryant G. Snee , Deputy Director.

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

INTRODUCTION

WALLACH, Circuit Judge.

The United States Court of Federal Claims ("Claims Court") held that a drunk driver who killed two Sioux men on a Sioux reservation was not a "bad man" within the meaning of the 1868 Laramie Treaty, and that in any event, the relevant provisions of the Treaty are no longer enforceable by its beneficiaries. Considering our textual analysis, and because we held in Tsosie v. United States, 825 F.2d...

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