Free Response to Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS

Document 60-5

Filed 05/02/2007

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UNITED STATE6 DISTRICT COURT western ~iatrictof washingCon
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JUDGMENT IN
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KARGARET aRHEWE, et al.

CAGE NUMBER:

C89-645%

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BRUCE BABBITT,

et al.

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Jury V s r d i c t .

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This action came before the Court for a trial by jury. The i s s u e s have been tried and the jury has rendered its verdict.

Daaiaion by court. This action came to i . i a l O r hearing before the caurt. The issues have been t r i e d or heard and a decision has bean rendered.
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IT IS ORDERED AND ALIJUDGED THAT
(1) The Court enters judgment i n favor of t h e pfaiiikiff , and. holds t h a t tiie D e p a r ' t m e r i c -af i n ~ e r - i o r violated the Fifth Amendment due process c l a u s e and S 553 ~f the Administrative Procedure A c t [5 U . S . C . S 5533, in connection v i t h t h e acknawledqement process of the Samish ~ r i b a l Organization as an Indian tribe pursuant to 2 5 C.F.R. p a r t 8 3 .

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( 2 ) The Court e n t e r s judgment confirming t h a t the Samish Tribal Organization e x i s t s as an Indian tribe w i t h i n the meaning of f e d e r a l law.
(3) he following three findings of Administrative Law Judge David Torbett, o r i g i n a l l y entered on August 31, 1995 but later rejected by Assistant Secretary Deer, are

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reinstated:
1. Part of the Noowhaha t r i b e merged with the Samish (e Recommended D e c i s i o n at 22; FinalA W

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EXHIBIT 4
In Support of Plaintiff's Opposition to Motion to Dismiss on TPA & IHS Samish v. U.S., No. 02-1383L

suite Case 1:02-cv-01383-MMS 100 R t t o r n 60-5 Document e y s
F r n :SFIMISH

503-242-9001 Filed 05/02/2007 Page 2 of 2
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betermination dated November 8, 1995, a t 12-13,
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2. Many of the Samish families t h a t s e t t l e d on the Swinolaish Indian Reservation did not relinquish their Samish affiliation (Final Determination at 3 5 , and references to record

contained therein),

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3. The Department of Interior could not adequately explain why the Samish had been o m i t t e d E r o m a l i e t of federally recognized tribes .p%pa~ea .guyi.ng gt:hbeS 1270a.( 6 ~ r 4 _A W ind dings 1-3; .. -F i n a l Determinatlon at 16. 3iiT393- --.
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( 4 ) Counsel Scott Keep is prohibited from t a k i n g any further action i connection w i t h t h i s case or participating n in any further proceedings involving the Samish Tribe.

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(5) Plaintiff is entitled to its taxable costs against the d~rendants.

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BRUCE RXFKIN, Clerk

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November 1 1996 .

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