Shoshone Indian Tribe of Wind River Reservation, Wyoming v. United States

OPINION

HEWITT, Judge.

Before the court is defendant’s Motion to Dismiss Plaintiffs’ Claim of Breach by Defendant’s Failure to “Maximize” the Tribes’ Oil and Gas Revenues (Def.’s Max.) and a portion of Defendant’s Motion for Summary Judgment on Plaintiff[s’] Claims of Breach of Trust on Plaintiffs’ Take-or-Pay Claims (Def.’s Take-or-Pay).1

1. Background

This case was filed in 1979 and has been divided into four phases for adjudication.2 *641Court’s Order of June 13, 2001. The current phase involves plaintiffs’ claims of breach of fiduciary duty by the Minerals Management Service (MMS) and its…