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HAMILTON v. NAKAI

No. 26588.

453 F.2d 152 (1971)

Clarence HAMILTON, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on behalf of the Hopi Indian Tribe, including all villages and clans thereof, and on behalf of any and all Hopi Indians claiming any interest in the lands described in the Executive Order dated December 16, 1882, Plaintiff-Appellant, v. Raymond NAKAI, Chairman of the Navajo Tribal Council of the Navajo Indian Tribe for and on behalf of the Navajo Indian Tribe, including all villages and clans thereof and on behalf of any and all Navajo Indians claiming any interest in the lands described in the Executive Order dated December 16, 1882; John N. Mitchell, Attorney General of the United States, on behalf of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 18, 1972.

Attorney(s) appearing for the Case

John S. Boyden (argued), Stephen G. Boyden (argued), Salt Lake City, Utah, Fennemore, Craig, Von Ammon & Udall, Phoenix, Ariz., for plaintiff-appellant.

Jack E. Brown (argued), of Brown, Vlassis & Bain, Phoenix, Ariz., Glen R. Goodsell (argued), Dept. of Justice, Washington, D. C., Harold E. Mott, Albuquerque, Ariz., Shiro Kashiwa, Asst. Atty. Gen., George R. Hyde, Washington, D. C., Richard K. Burke, U. S. Atty., Phoenix, Ariz., for defendants-appellees.

Before DUNIWAY and TRASK, Circuit Judges, and FERGUSON, District Judge.

DUNIWAY, Circuit Judge:

The action in which this proceeding was filed was authorized by P.L. 85-547, the Act of July 22, 1958, 72 Stat. 403. The purpose of the action, which was brought by the Hopi Indian Tribe against the Navajo Indian Tribe and the Attorney General on behalf of the United States, was to determine the rights and interests of the Hopi and Navajo Indian Tribes and individual Indians in a reservation in northeastern...

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