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COBELL v. NORTON

No. 03-5314.

392 F.3d 461 (2004)

Elouise Pepion COBELL, et al., Appellees v. Gale A. NORTON, Secretary of the Interior, et al., Appellants

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 2004.

Attorney(s) appearing for the Case

Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, Robert E. Kopp, Thomas M. Bondy, Charles W. Scarborough, Alisa B. Klein, Lewis S. Yelin, and Tara L. Grove, Attorneys.

Elliott H. Levitas argued the cause for appellees Elouise Pepion Cobell, et al. With him on the brief were G. William Austin, III, Mark I. Levy, Dennis M. Gingold, and Keith M. Harper. Jamin B. Raskin entered an appearance.

Before: SENTELLE, TATEL, Circuit Judges and WILLIAMS, Senior Circuit Judge.

WILLIAMS, Senior Circuit Judge.

Five named plaintiffs, members of Indian tribes and present or past beneficiaries of Individual Indian Money ("IIM") accounts, filed a class action in district court in 1996, alleging that the defendants — the Secretaries of the Interior and the Treasury, and the Assistant Secretary of the Interior for Indian Affairs — had "grossly mismanaged" those accounts. The bulk of the funds in the accounts are the proceeds of various...

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