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UNITED STATES v. KABINTO

No. 26235.

456 F.2d 1087 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joe and Wanda KABINTO, his wife, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 23, 1972.

Attorney(s) appearing for the Case

Warren L. Bachtel (argued), Dale H. Itschner (argued), Clifford J. Hofmann, Window Rock, Ariz., for defendants-appellants.

Jacques B. Gelin, New York City (argued), Edmund B. Clark, Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Lands & Natural Resources Div., Washington, D. C., Richard K. Burke, U. S. Atty., Richard S. Alleman, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before BROWNING and HUFSTEDLER, Circuit Judges, and FERGUSON, District Judge.

PER CURIAM:

This is an appeal from a summary judgment of ejectment declaring 16 Navajo Indians to be trespassers upon a portion of the Hopi Indian Reservation and enjoining them from using or occupying the land. We affirm.

The background of the litigation:

1. In 1882, President Chester A. Arthur by executive order set aside a two and one-half million acre tract in northeastern Arizona for the use and occupancy of the Hopi Tribe "and such other Indians...

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