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LUMMI TRIBE OF THE LUMMI RESERVATION, WA v. U.S.

2016-2196.

870 F.3d 1313 (2017)

LUMMI TRIBE OF THE LUMMI RESERVATION, WASHINGTON, Lummi Nation Housing Authority, Hopi Tribal Housing Authority, Fort Berthold Housing Authority, Plaintiffs-Appellees Fort Peck Housing Authority, Plaintiff v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: September 12, 2017.

Attorney(s) appearing for the Case

JOHN FREDERICKS, III , Fredericks Peebles & Morgan, LLP, Mandan, ND, argued for plaintiffs-appellees. Also represented by JEFFREY S. RASMUSSEN , Louisville, CO.

STEVEN J. GILLINGHAM , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by DAVID ALAN LEVITT , ROBERT E. KIRSCHMAN, JR. , BENJAMIN C. MIZER ; GARY ALAN NEMEC , DAVID A. SAHLI , PERRIN WRIGHT , United States Department of Housing and Urban Development, Washington, DC.

Before Prost, Chief Judge, O'Malley, and Chen, Circuit Judges.

The government seeks review of a September 30, 2015 order of the Court of Federal Claims (the "Claims Court"). See Order, Lummi Tribe of the Lummi Reservation v. United States, No. 08-848C (Fed. Cl. Sept. 30, 2015), ECF No. 121. In that order, the Claims Court reaffirmed its prior ruling that the Native American...

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