Lebeau v. United States

SCHALL, Circuit Judge.

The United States appeals from the final judgment of the United States District Court for the District of South Dakota in LeBeau v. United States, 334 F.Supp.2d 1200 (D.S.D.2004) (“Barry LeBeau”). The district court granted summary judgment against the United States in favor of plaintiff Barry LeBeau and a class of similarly situated individuals (collectively “the LeBeau plaintiffs” or “plaintiffs”). The LeBeau plaintiffs sought money damages under the Little Tucker Act, 28 U.S.C. § 1364(a)(2), for the United States’ alleged breach of trust, based on what they asserted…