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Babbitt v. Miccosukee Corporation

United States Court of Appeals for the Federal Circuit


October 29, 1999

BRUCE BABBITT, SECRETARY OF THE INTERIOR, APPELLANT,
v.
MICCOSUKEE CORPORATION, APPELLEE.

Before Michel, Plager, and Gajarsa, Circuit Judges.

The opinion of the court was delivered by: Plager, Circuit Judge.

Bruce Babbitt, Secretary of the Interior ("Government" or "Interior") appeals the decision by the United States Department of the Interior Board of Contract Appeals ("IBCA" or "Board") granting summary judgment in favor of Miccosukee Corporation ("Miccosukee"). See Appeals of Alamo Navajo Sch. Bd., Inc. & Miccosukee Corp., IBCA No. 3463, 98-2 BCA 29,832 (Interior B.C.A. Dec. 4, 1997). *fn1 The IBCA awarded Miccosukee full-funding of indirect (contract support) costs on its 1994 fiscal year self-determination contracts under the Indian Self-Determination and Education Assistance Act ("ISDA"), 25 U.S.C. § 450j-1 (1994). Because this case turns on the same issue of statutory interpretation of the ISDA as the companion case to Miccosukee, see Interior v. Oglala Sioux, No. 99-1033 (Fed. Cir. _____, 1999), decided today, we reverse both the IBCA's grant of summary judgment to Miccosukee, as well as the Board's denial of the Government's motion for summary judgment, for the reasons stated in that opinion.


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