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COBELL v. KEMPTHORNE

No. 05-5388.

455 F.3d 301 (2006)

Elouise Pepion COBELL, et al., Appellees v. Dirk KEMPTHORNE, Secretary of the Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 2006.

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, Alisa B. Klein, Mark R. Freeman, I. Glenn Cohen, and Isaac J. Lidsky, Attorneys.

Dennis M. Gingold argued the cause for appellees. With him on the brief were Elliott H. Levitas, G. William Austin, III, Mark I. Levy, and Keith M. Harper.

Before: TATEL and BROWN, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

This case presents for our review yet another clash in a lawsuit that has found its way onto our docket many times in recent years, resulting in seven published opinions from this court. See In re Kempthorne, 449 F.3d 1265 (D.C.Cir.2006); Cobell v. Norton, 428 F.3d 1070 (D.C.Cir. 2005) (Cobell XVII<...

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