Fredericks Peebles & Morgan LLP
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Cobell
Government appeals decision in Cobell case


The Bush administration has appealed a federal judge's decision to award $455.6 million to the plaintiffs in the Cobell v. Kempthorne trust fund lawsuit.

In a brief filed with the D.C. Circuit Court of Appeals, the Department of Justice argues that Judge James Robertson lacked jurisdiction to award money in the case. Government attorneys said Robertson improperly determined an historical accounting of the Indian trust "impossible."

The Cobell plaintiffs are challenging Robertson's decision too. They say the ruling relieves the government of its trust duties.

Get the Story:
Government seeks appeal of Indian trust case (AP 9/18)
Cobell case appeal viewed as good, bad for plaintiffs (The Native American Times 9/18)

Certification for Appeal:
Cobell v. Kempthorne (September 4, 2008)

Historical Accounting Decision:
Cobell v. Kempthorne (August 7, 2008)

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