Legal Opinion

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

Court of Appeals for the Federal Circuit

Decided January 9, 2012No. 2010-5150PublishedCited by 79 opinions

1Opinion of the Court

O’MALLEY, Circuit Judge.

The Shoshone Indian Tribe of the Wind River Reservation and the Arapaho Indian Tribe of the Wind River Reservation (collectively “the Tribes”) appeal the United States Court of Federal Claims’ dismissal of Claim II as time-barred by 28 U.S.C. § 2501 (2006), which bars all suits filed against the United States in the Court of Federal Claims unless filed within six years after the claim accrues. Because we conclude that the Tribes have alleged a continuing trespass, the Court of Federal Claims improperly determined that Claim II is time-barred in its entirety.…

2Cases cited32 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. United States v. MitchellSupreme Court of the United States · 1980
  3. Delaware State College v. RicksSupreme Court of the United States · 1980
  4. United States v. White Mountain Apache TribeSupreme Court of the United States · 2003
  5. John R. Sand & Gravel Co. v. United StatesSupreme Court of the United States · 2008

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3Cited by79 opinions

  1. National Ass'n of Manufacturers v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2013
  2. Fredericksburg Non-Profit Housing Corp. v. United StatesUnited States Court of Federal Claims · 2013
  3. Johnson v. United StatesUnited States Court of Federal Claims · 2012
  4. Inter-Tribal Council of Az v. United StatesCourt of Appeals for the Federal Circuit · 2020
  5. Tanner-Brown v. JewellDistrict Court, District of Columbia · 2016

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