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The Kennewick Man Case | Court Documents | Communications with the CourtDefendants Notice of Appeal and Attachment to Civil Appeals Docketing StatementTHOMAS L. SANSONETTI MICHAEL W. MOSMAN, OSB #73254 Attorneys for Federal Defendant ROBSON BONNICHSEN, et al., v UNITED STATES OF AMERICA, et al., United States of America, U. S. Department of the Army, U.S. Army Corps of Engineers, U. S. Department of the Interior, National Park Service, Francis P. McManamon, David. A. Fastabend, Edward J. Kertis, Thomas E. White; Gail A. Norton, Craig Manson, androbert B. Flowers* hereby appeal to the United States Court of Appeals for the Ninth Circuit from a Judgment and Order entered in this case by U. S. Magistrate Judge John Jelderks on August 30, 2002. Respectfully submitted this 28th day of October,2002 THOMAS L. SANSONETTI DAVID F. SHUEY MICHAEL W. MOSMAN TIMOTHY W. Simmons *Pursuant to Federal Rule of Civil Procedure 25(d)(1) that provides for the substitution of public officials, Brigadier General David A. Fastabend is substituted for Ernest J. Harrell and Carl Strock; Lieutenant Colonel Edward J. Kertis is substituted for William E. Bulen, Jr., Donald R. Curtis, and Lee Turner; Thomas E. White is sustituted for Donald J. Barry; and Lieutenant General Robert G. Flowers is substituted for Joe N. Ballard. Bonnichsen v. United States, District Court No.96-01481-JE (D. Oregon) 1. Title in full: v. United States of America, U. S. Department of the Army, U.S. Army Corps of Engineers, U. S. Department of the Interior, National Park Service, Francis P. McManamon, David. A. Fastabend, Edward J. Kertis, Thomas E. White; Gail A. Norton, Craig Manson, and Robert B. Flowers*, and Nez Perce Tribe, Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes and Bands of the Yakama Nation, and Confederated Tribes of the Colville Reservation, *Pursuant to Federal Rule of Civil Procedure 25(d)(1) that provides for the substitution of public officials, Brigadier General David A. Fastabend is substituted for Ernest J. Harrell and Carl Strock; Lieutenant Colonel Edward J. Kertis is substituted for William E. Bulen, Jr.,Donald R. Curtis, and Lee Turner; Thomas E. White is sustitutd for Donald J. Barry; and Lieutenant General Robert G. Flowers is substituted for Joe N. Ballard. 2. Brief Description of Nature of Action and Result Below: This case involves claims to ownership of, and study access to, human remains found on federal property. The district court set aside federal defendants' decision awarding custody of the remains to tribal claimants and ordered that plaintiffsbe provided access to the remains for study. 3. Pricipal Issues Proposed to be Raised on Appeal: Whether the district court erred by holding that federal agencies decisions concerning human remains violated the Native American Graves and Repatriation Act (sic) and the National Historic Preservation Act, by failing to remand the matter to the agencies, and by ordering that the plaintiffs be allowed to study the subject human remains. 4. Identify other legal proceedings that may have a bearing on this case (include pending district court post-judgment motions): A party that sought, but was denied,intervention status in the district court proceedings, Joseph P. Siofele aka Paramount Chieftain Faumuina, has filed a notice of appeal. To counsel's knowledge, a Ninth Circuit docket number has not yet been assigned to that appeal. Plaintiffs filed an application for attorney's fees in the district court proceedings. The district court stayed briefing on that application. Plaintiffs have filed in the district court proceeding a proposed study request pursuant to the district court's decision. That request is pending before the district court. To counsel's knowledge, there is no other proceeding and no other pending post-judgment motion in this case.
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