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

No. 08-848C.

LUMMI TRIBE OF THE LUMMI RESERVATION, LUMMI NATION HOUSING AUTHORITY, FORT BERTHOLD HOUSING AUTHORITY, AND HOPI TRIBAL HOUSING AUTHORITY, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

August 29, 2013.

Attorney(s) appearing for the Case

LUMMI TRIBE OF THE LUMMI RESERVATION, WASHINGTON, Plaintiff, represented by John Fredericks, III , Fredericks, Peebles & Morgan, LLP.

LUMMI NATION HOUSING AUTHORITY, Plaintiff, represented by John Fredericks, III , Fredericks, Peebles & Morgan, LLP.

HOPI TRIBAL HOUSING AUTHORITY, Plaintiff, represented by John Fredericks, III , Fredericks, Peebles & Morgan, LLP.

FORT PECK HOUSING AUTHORITY, Plaintiff, represented by John Fredericks, III , Fredericks, Peebles & Morgan, LLP.

FORT BERTHOLD HOUSING AUTHORITY, Plaintiff, represented by John Fredericks, III , Fredericks, Peebles & Morgan, LLP.

USA, Defendant, represented by Michael N. O'Connell, Jr. , U. S. Department of Justice.

John Fredericks, III , Fredericks Peebles & Morgan LLP, Mandan, ND, counsel for plaintiffs.

Michael N. O'Connell , with whom were Assistant Attorney General Stuart F. Delery , Director Jeanne E. Davidson , and Assistant Director Donald E. Kinner , U.S. Department of Justice, Civil Division, Commercial Litigation Branch, Washington, DC, counsel for defendant.

OPINION

JOHN P. WIESE, Senior District Judge.

This case arises under the Native American Housing Assistance and Self-Determination Act of 1996 ("NAHASDA" or "the statute"), as amended, 25 U.S.C. §§ 4101-4212 (2006). Plaintiffs sue here to recover grant funds initially paid to them under the statute but later recaptured by the Department of Housing and Urban Development ("HUD" or "the agency") when HUD determined that the allocation formula on which...

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