TEWA TESUQUE v. MORTON

No. 73-1817.

498 F.2d 240 (1974)

The TEWA TESUQUE, an unincorporated association, et al., Plaintiffs-Appellants, v. Rogers C. B. MORTON, Individually and as Secretary of the Interior of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 5, 1974.


Attorney(s) appearing for the Case

Thomas E. Luebben, Jr., Native American Legal Defense & Education Fund, Inc., Albuquerque, N. M. (Richard L. Young, Native American Legal Defense & Education Fund, Inc., Albuquerque, N. M. on the brief), for appellants.

Edward J. Shawaker, Dept. of Justice, Washington, D. C. (Wallace H. Johnson, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., Albuquerque, N. M., Jacques B. Gelin, Dept. of Justice, Washington, D. C., on the brief), for Federal appellee.

Dick A. Blenden, Carlsbad, N. M., for Sangre de Cristo Development Co., Inc., appellee.

Before LEWIS, McWILLIAMS and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

This is an appeal from dismissal of a class action brought by members of the Tewa Tesuque (Tewa) of the Pueblo of Tesuque (Pueblo), an Indian tribe, seeking damages and equitable relief against federal officials and for cancellation of a 99-year lease between the Pueblo and Sangre de Cristo Development Company (Sangre).

The Tewas' complaint alleged seven causes of action: (1) breach of trust...

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