Eastern Shawnee Tribe of Oklahoma v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge DYK.
Concurring opinion filed by Circuit Judge MOORE.
DYK, Circuit Judge.
The Eastern Shawnee Tribe of Oklahoma (“the Tribe”) brought suit in the Court of Federal Claims, alleging that the United States had breached fiduciary and other duties as trustee of property and other assets owned by the Tribe. The Court of Federal Claims dismissed the case without prejudice, holding that 28 U.S.C. § 1500 precluded the Court of Federal Claims’ jurisdiction over the Tribe’s claims because the Tribe had earlier filed a *1308district court complaint “aris[ing] from the…
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