THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, v. THE UNITED STATES
(Nos. 79-4582L, 79-4583L, 79-4592L, 79-4593L)
Motion for Leave to Amend Complaint; RCFC
15(a); Futility as Justification for Denial; Department of the
Interior
and Related Agencies Appropriations Acts, 1990-2005; Department of the Interior,
Environment, and Related Agencies Appropriations Act of 2006, Pub. L. No.
109-54, 119 Stat. 499, 519; 28 U.S.C. § 2501
Contract Damages:
The cost to a thrift of retaining earnings as measured by the dividends paid is not recoverable where the cost of retaining the earnings is exceeded by the benefits associated with them. A thrift's transfer of a portion of a real estate portfolio to a partnership in which a shareholder plaintiff held an ownership stake constitutes a dividend and is thus compensable as a cost to the thrift. Plaintiff may apply for Rule 60(b) relief in the event its damages award is found to be taxable
Signed by Judge Allegra.