The Hopi Tribe, Plaintiff-appellee, v. the United States, Defendant-appellant, 899 F.2d 1227 (Fed. Cir. 1990)

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U.S. Court of Appeals for the Federal Circuit - 899 F.2d 1227 (Fed. Cir. 1990) Feb. 27, 1990

Before MARKEY, Chief Judge, and RICH and MICHEL, Circuit Judges.


The United States seeks review of Claims Court Order No. 319-84L.

Appellant lacks standing because it seeks an advisory opinion on "holdings" that it says "are potentially adverse to the interests of the United States in future litigation with the Hopi." Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 241 (1937). Further, the order merely dismissed the complaint without prejudice. See 9 J. Moore, B. Ward, and J. Lucas, Moore's Federal Practice p 110.13 (2d ed. 1989).

IT IS ORDERED THAT: The appeals are dismissed.