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COBELL v. KEMPTHORNE

No. 05-5269.

455 F.3d 317 (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

Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Kenneth L. Wainstein, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, and Robert E. Kopp, Mark B. Stern, Thomas M. Bondy, Alisa B. Klein, Mark R. Freeman, I. Glenn Cohen, and Isaac J. Lidsky, Attorneys.

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

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

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

For the ninth time in six years we consider an appeal in this longstanding dispute between beneficiaries of Indian land trusts and their trustee, the United States. In this most recent iteration, the government challenges a district court order requiring that every mailing to trust beneficiaries include a notice stating that "any" information provided about trust matters "may be unreliable...

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