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LOWER BRULE SIOUX TRIBE v. U.S.

No. 06-922 L.

Lower Brule Sioux Tribe, Plaintiff, v. United States of America, Defendant.

United States Court of Federal Claims.

December 1, 2011.

Attorney(s) appearing for the Case

Brian J. Leinbach , Engstrom, Lipscomb & Lack, Los Angeles, CA, for plaintiff.

Romney S. Philpott, III , Natural Resources Section, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for defendant.

OPINION and ORDER

LAWRENCE J. BLOCK, Judge.

Before the court is defendant's motion to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), Rules of the United States Court of Federal Claims ("RCFC"). Center stage once again is 28 U.S.C. § 1500, the source of much controversy over the years. Simply put, § 1500 bars this court from exercising jurisdiction over any suit "for or in respect...

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