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GIBSON v. BABBITT

No. 95-8049CIV.

72 F.Supp.2d 1356 (1999)

Harvey (Fire Bird) GIBSON, Plaintiff, v. Bruce BABBITT, in his official capacity as Secretary of the Interior, and B.D. Ott, in his official capacity as Acting Area Director of the Eastern Area Office of the Bureau of Indian Affairs, Defendants.

United States District Court, S.D. Florida.

August 27, 1999.

Attorney(s) appearing for the Case

Arthur Schofield, Schofield & Gonzalez, P.A., West Palm Beach, FL, David J. Sales, Search, Denney, Scarola, Bernhart & Shipley, West Palm Beach, FL, for plaintiff.

Janice M. Schneider, Paul Boudreaux, Mary Anne Kenworthy, Environmental Division, U.S. Department of Justice, Washington, DC, for defendants.

MEMORANDUM OPINION & FINAL JUDGMENT

HURLEY, District Judge.

This case, to borrow a phrase, has occasioned "a collision of the heart and the mind,"1 for the plaintiff is truly deserving but the law does not support his claim. Plaintiff is a 68-year-old Native American who served in the military for over twenty years, at stations throughout the world, and with great distinction, earning numerous commendations including...

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