FGS Constructors, Inc. v. Carlow

BRIGHT, Senior Circuit Judge.

I. INTRODUCTION

FGS Constructors, Inc. (FGS) appeals the district court’s granting of summary judgment in favor of the United States. In addition, FGS appeals the district court’s granting of Michael Carlow’s, Carole Oberlitner’s and Carl Oberlitner’s motions to dismiss, and denying FGS’s motions to amend its complaint and to extend discovery. For the reasons that follow, we affirm in part and reverse in part.

II. BACKGROUND

This case arises from a renovation project of the White Clay Dam located on the Pine *1232Ridge Indian Reservation. In 1989, the United States,…