of liability or they go to the issue of damages that goes we should liability that particular case then the issue damage becomes what is the actual harm to the trust corpus that results from that bridge to the ship and that narrow does a limited for damages calculation purposes accounting how to set a curiosity because i don't know a lot about that how does a general accounting differ from accounting that relates only to the assessment of damages i of specific bridge duty trusts its informational nature it allows the beneficiary to make decisions with regard to they having our handling of its trust assets in other words it may be determined that a particular let's get this straight then you go to a trust fund which should be taken care of by the interior department and it crushed one should have fifty dollars in it instead of fifty dollars it has ten what counting in the other court is purely damages and that so if we look at the face of your complaint which keen other cases they do to determine the really thought that if one is incident to the other at the relevant that's correct that's your argument right connection with actions against the government in relation to the trust and so that is why the which pretty sure did it claims were all brought at the end of two thousand and six many of these the accounting to the individual indians came back that that requirement was extended to the tribes themselves and therefore women in the legislature news station that you need to make it make your claims based on that account we're going to have some additional time also so i don't feel slighted sounds to me like i've changed not just changing numbers on a ledger it's changing numbers on a ledger and give me that money and that's monetary or at least that's part of section fifteen hundred i think  you don't look at what is pled in the complaint well that's what it's there it's said we don't have to pay attention to the taking claim in the district we're complaining that it doesn't create an overlap because the district court has no jurisdiction over the in the complaint i'd like to give you a chance to go back to what i think you want to do at the beginning what in the complaint explicitly show the overlap it would just they're seeing an accounting reconciliation of their trust attached and reconciliation it page forty three this is an action by the plaintiff for an accounting and reconciliation of its trust funds for equitable really and for other such relief is a sport it's appropriate and then reconciliation but i'm i'm that's what i'm what i'm going for concerned about or misunderstanding it how you interpret this as a claim for monetary damages in the district court when they actually include a specific paragraph quite clearly recognizing that if there's what they say though in the complaint is good if there's any claim for money we'll have to think this in the quarter federal claims then the complaint and the relief sought in the complaint under the language of kean that you pointed out to i don't see how you interpret the problem with the what their argument equitable relief that you're saying that they see they see those very same determinations as part of their damages remedy the same questions will have to be answered for difference between a determination in order to stare and order in asking the court to add forth something by way of equitable authority having them us to read that strictly as a request potentially for damages for money it only has to be an overlap monetary even though in an earlier paragraph of the identical complaint they say we recognize it were if any money is available or d to us as a result of the accounting you know we have to look we're at record federal pay well i believe that sentence your argument might have more merit but given that they thankfully does the balance looking for money in the district court it's becoming so hard for me to interpret such a big statement in the way you'd like well this always says kind of claims to damages that cannot be ascertained that isn't it i mean was interesting so that only talks about damages not money right  just begin your own admission just there with i don't know what that order would look like it would instruct somebody to preserve a claim for damages it's still equitable that's the point it's not even if their ethnic district court to do something that's beyond the district court's authority it's still asking the district court to do something that amounts to response to hypothetical further and further sort of data notification which we need to explore to figure out the you know if we're drawing a line where the line not to get drawn but i didn't understand and to africa they were asking for restitution if complain and maybe during  but let me ask you symptoms to go back to the issue of whether or not the entire keach which was brought in the district court i don't know that one is entitled to that in the district court written large and there's a very many different conception of what accounting is and so there could be differences but they also could be the same  cases because it basically stands for the proposition that the courts intended to force an election where both forms can grant the same relief arising from the same it's simply not the case here where we have to simply different