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in a 5-4 decision, the justices affirmed a Federal Circuit ruling that a provision for the government’s exclusive control over buildings on the former Fort Apache Military Reservation created a trust relationship that was enforceable by a damage award. United States v. White Mountain Apache Tribe, No. 01-1067. The justices said that the public law gave rise to Indian Tucker Act jurisdiction in the Court of Federal Claims over the tribe’s suit for money damages against the government. Souter wrote the court’s opinion, which was joined by Stevens, O’Connor, Ginsburg and Breyer. Thomas filed a dissenting opinion, in which Rehnquist, Scalia and Kennedy joined.

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