Fidelity Exploration v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FIDELITY EXPLORATION AND 

PRODUCTION COMPANY,

Plaintiff-Appellant, v. UNITED STATES OF AMERICA; No. 06-35307

UNITED STATES DEPARTMENT OF THE

D.C. No. INTERIOR; GALE NORTON, in her official capacity as United States  CV-04-00100- Secretary of the Interior; RFC/RWA

BUREAU OF INDIANS AFFAIRS, U.S. OPINION

DEPARTMENT OF INTERIOR; DAVID

ANDERSON, in his official capacity as Assistant Secretary, Bureau of Indian Affairs, Defendants-Appellees.  Appeal from the United States District Court for the District of Montana Richard F. Cebull, District Judge, Presiding

Argued and Submitted October 15, 2007—Seattle, Washington

Filed November 6, 2007

Before: Betty B. Fletcher, Arlen C. Beam,* and Pamela Ann Rymer, Circuit Judges.

Opinion by Judge Rymer

*The Honorable Arlen C. Beam, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

14665 FIDELITY EXPLORATION v. UNITED STATES 14667

COUNSEL

Jon Metropoulos and Dana L. Hupp, Helena, Montana, for plaintiff-appellant Fidelity…