Rogers v. United States

697 F.2d 886 Lindsey Barlen ROGERS and Clara Rogers Howell, Plaintiffs-Appellants/Cross-Appellees, v. UNITED STATES of America, et al., Defendants-Appellees/Cross-Appellants. Nos. 81-4503, 81-4527. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 17, 1982. Decided Jan. 28, 1983. Peter J. Sferrazza, Reno, Nev., for Rogers and Howell. Wendy B. Jacobs, Dept. of Justice, Washington, D.C., for the U.S. Appeal from the United States District Court for the District of Nevada. Before BROWNING, PREGERSON, and POOLE, Circuit Judges. PREGERSON, Circuit Judge: 1 Appellants Rogers and Howell, members of the Yerington Paiute Tribe, filed applications with the Department of the Interior (Interior) to receive their share of funds appropriated by Congress to satisfy awards to the Northern Paiute Nation. 1 After their applications were denied by Interior on grounds of late filing, Rogers and Howell brought an action for damages and non-monetary relief. 2 Appellants contend that Interior's action constitutes a breach of trust duties compensable under the Tucker Act, 28 U.S.C. Sec. 1346 (a)(2), in conjunction with the Distribution of Judgment Funds Act (DJFA), 25 U.S.C. Secs.…