Free Notice (Other) - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS

Document 75

Filed 01/17/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ SAMISH INDIAN NATION, a federally ) recognized Indian tribe, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

Case No. 02-1383L Judge Margaret M. Sweeney

NOTICE OF DECISION IN NAVAJO NATION V. UNITED STATES Defendant hereby notifies the Court that on January 16, 2008, the undersigned counsel received notification that on January 14, 2008, the Federal Circuit denied the United States' petition for rehearing and rehearing en banc in Navajo Nation v. United States. The Federal Circuit's order is attached to this pleading. Accordingly, Defendant withdraws its request to stay briefing on the relevancy of the Federal Circuit's decision in Navajo, and will file its initial brief by February 1, 2008, in accordance with the Court's December 18, 2007, order. Submitted this 17th day of January, 2008. RONALD J. TENPAS Assistant Attorney General s/ Devon Lehman McCune DEVON LEHMAN McCUNE Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 (303) 844-1487 (tel.) (303) 844-1350 (fax)

Case 1:02-cv-01383-MMS

Document 75

Filed 01/17/2008

Page 2 of 3

[email protected]

OF COUNSEL: Jason Roberts Office of the Solicitor United States Department of the Interior Washington, D.C. Melissa A. Jamison United States Department of Health and Human Services Office of General Counsel Indian Health Service Rockville, MD

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Case 1:02-cv-01383-MMS

Document 75

Filed 01/17/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on January 17, 2008, I filed the foregoing NOTICE OF DECISION IN NAVAJO NATION V. UNITED STATES with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all parties in this matter.

DATED this 17th day of January, 2008.

s/ Devon Lehman McCune Devon Lehman McCune, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 (303) 844-1487 (tel.) (303) 844-1350 (fax) [email protected]

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