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MUSCOGEE (CREEK) NATION OF OKLAHOMA v. U.S.

No. 06-918 L

MUSCOGEE (CREEK) NATION OF OKLAHOMA, Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

December 2, 2011.

Attorney(s) appearing for the Case

Brian J. Leinbach , Los Angeles, CA, for plaintiff.

Joshua A. Doan , United States Department of Justice, Washington, DC, with whom was Ignacia S. Moreno , Assistant Attorney General, for defendant. Anthony P. Hoang , United States Department of Justice, Environment and Natural Resources Division; Dondrae Maiden , Office of the Solicitor, United States Department of the Interior; and Rebecca Saltiel , Office of the Chief Counsel, Financial Management Service, United States Department of the Treasury, Washington, DC, of counsel.

OPINION AND ORDER

JAMES F. MEROW, Senior Judge.

By statute this court lacks jurisdiction over any suit "for or in respect to" claims that are pending in another court. Defendant's Motion to Dismiss contends that plaintiff's previously-filed district court complaint shares substantially the same operative facts as this, the second-filed action. For the following reasons, because plaintiff's district court litigation was pending at the...

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