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COBELL v. SALAZAR

No. 11-5205.

679 F.3d 909 (2012)

Elouise Pepion COBELL, et al., Appellees Kimberly Craven, Appellant v. Kenneth Lee SALAZAR, Secretary of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 2012.

Attorney(s) appearing for the Case

Theodore H. Frank argued the cause and filed the briefs for appellant.

Anand V. Ramana was on the brief for amicus curiae Competitive Enterprise Institute in support of appellant.

Thomas M. Bondy , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the briefs were Tony West , Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, and Adam C. Jed and Brian P. Goldman , Attorneys. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Adam H. Charnes argued the cause for appellees Elouise Pepion Cobell, et al. With him on the briefs were David C. Smith , Richard D. Dietz , Michael Alexander Pearl , Keith M. Harper , Dennis M. Gingold , William E. Dorris , and Elliott Levitas .

Heidi A. Drobnick was on the brief for amicus curiae Indian Land Tenure Foundation in support of appellees.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This is an appeal from the approval of a class action settlement agreement related to the Secretary of the Interior's breach of duty to account for funds held in trust for individual Native Americans. Class member Kimberly Craven challenges the fairness of the settlement, contending principally that an impermissible intra-class conflict permeates the scheme to compensate class members for surrendering their established right to injunctive relief...

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