HINTON v. UDALL

No. 19671.

364 F.2d 676 (1966)

S. Jack HINTON et al., Appellants, v. Stewart L. UDALL, Individually and as Secretary of the Interior, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1966.

Petition for Rehearing Denied August 15, 1966.

Certiorari Denied October 10, 1966.


Attorney(s) appearing for the Case

Mr. Rex E. Lee, Phoenix, Ariz., with whom Messrs. Ozell M. Trask, Phoenix, Ariz., and William E. Rollow, Washington, D. C., were on the brief, for appellants Hinton et al.

Mr. Dale R. Shumway, Phoenix, Ariz., of the bar of the Supreme Court of Arizona, pro hac vice, by special leave of court, with whom Mr. Darrell F. Smith, Mesa, Ariz., was on the brief, for appellant State of Arizona.

Mr. Raymond N. Zagone, Attorney, Department of Justice, with whom Messrs. Roger P. Marquis and Floyd L. France, Attorneys, Department of Justice, were on the brief, for appellees Udall et al.

Mr. Arthur Lazarus, Jr., Washington, D. C., for appellee, San Carlos Apache Tribe of Indians.

Before DANAHER, McGOWAN and LEVENTHAL, Circuit Judges.


Certiorari Denied October 10, 1966. See 87 S.Ct. 159.

LEVENTHAL, Circuit Judge.

In this action, appellants sought to enjoin the Secretary of the Interior from restoring surface or subsurface rights in certain lands in Arizona to the San Carlos Apache Tribe of Indians (hereafter "Indians" or "Tribe"), and further sought a declaratory judgment that the Secretary's restoration of subsurface rights to the Tribe, subject to existing rights, is illegal.

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