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FORT MOJAVE TRIBE v. LAFOLLETTE

No. 71-1967.

478 F.2d 1016 (1973)

The FORT MOJAVE TRIBE, By and Through its Tribal Council in Class Action on behalf of all members of said Tribe, Plaintiff-Appellant, v. William L. LAFOLLETTE et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 16, 1973.

Attorney(s) appearing for the Case

Raymond C. Simpson (argued) of Simpson & Rehkop, Long Beach, Cal., Cox & Cox, Phoenix, Ariz., for plaintiff-appellant.

David Freidenrich (argued), Palo Alto, Cal., William Elsing, Fennemore, Craig, von Ammon, & Udall, Phoenix, Ariz., Charles C. Graeber, Richard Mulligan, Lonergan, Jordan & Gresham, San Bernardino, Cal., Bryan R. McCarthy of Freitas, Allen, McCarthy, Bettini & McMahon, San Rafael, Cal., Collins & Woolway, Dan Stroud, Los Angeles, Cal., for defendants-appellees.

Dale Kent Frizzell, Asst. Atty. Gen., Dept. of Lands and Natural Resources, Glen R. Goodsell, Carl Strass, Edmund B. Clark, Dept. of Justice, Washington, D. C., for amicus curiae.

Before HAMLIN, BROWNING, and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from an order dismissing an amended complaint on the ground that the United States was an indispensable party to the litigation. The appellant, an Indian tribe acknowledged by the government pursuant to statute [25 U.S.C. § 476], brought suit to quiet title as against claims of the defendants to land in Arizona. The complaint did not allege who was in possession but asserted that defendants made some claims adverse...

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