IN THE UNITED STATES COURT OF APPEALS 
FOR THE DISTRICT OF COLUMBIA CIRCUIT 
ELOUISE PEPION COBELL, et al., ) 
Appellees, ) No. 03-5262 
v. 
GALE A. NORTON, as Secretary of 
the Interior, et al, 
)
)
)
)
) 
Appellants )
))
___________________________________) 
APPELLANTS' REPLY TO OPPOSITION TO 
MOTION TO HOLD APPEAL IN ABEYANCE 
The government moved to hold this appeal in abeyance pending 
the Solicitor General's determination whether to take an appeal 
from the September 25, 2003 structural injunction issued by the 
district court in this case. As we indicated in our motion, if 
the Solicitor General determined to appeal from the structural 
injunction, the government would move to consolidate the two 
appeals. 
Subsequently, following the Solicitor General's 
authorization, we filed an appeal from the structural injunction. 
That appeal is docketed as No. 03-5314. By separate motion, we 
are asking that the two appeals be consolidated for briefing and 
argument. 
Inasmuch as the grounds for the government's motion to hold 
in abeyance were made clear in the motion, plaintiffs' opposition 
was groundless when filed. It has now been overtaken by events, 
in light of our consolidation motion. And the opposition's
of abeyance and consolidation. 
General 
ROSCOE C. HOWARD, JR. 
United States Attorney 
NOVEMBER 2003 
Respectfully submitted, 
PETER D. KEISLER 
Assistant Attorney General 
GREGORY G. KATSAS 
Deputy Assistant Attorney 
ROBERT E. KOPP 
MARK B. STERN 
THOMAS M. BONDY 
CHARLES SCARBOROUGH 
ALISA B. KLEIN 
(202) 514-5089 
Attorneys, Appellate Staff 
Civil Division, Room 9108 
Department of Justice 
601 D Street, N.W. 
Washington, D.C. 20530 
various merits-related assertions are not germane to any question 
-2-
CERTIFICATE OF SERVICE 
I hereby certify that on this 13th day of November, 2003, I 
caused copies of the foregoing motion to be sent to the Court and 
to the following by hand delivery: 
The Honorable Royce C. Lamberth 
United States District Court 
United States Courthouse 
Third and Constitution Ave., N.W. 
Washington, D.C. 20001 
Keith M. Harper 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 785-4166 
and to the following by federal express, overnight mail: 
Elliott H. Levitas 
Law Office of Elliott H. Levitas 
1100 Peachtree Street 
Suite 2800 
Atlanta, GA 30309-4530 
(404) 815-6450 
and to the following by regular, first class mail: 
Dennis Marc Gingold 
Law Office of Dennis Marc Gingold 
607 14th Street, N.W., Box 6 
Washington, D.C. 20005
Earl Old Person (pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
________________________ 
THOMAS M. BONDY