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LOMAYAKTEWA v. HATHAWAY

No. 73-2132.

520 F.2d 1324 (1975)

Starlie LOMAYAKTEWA et al., Plaintiffs-Appellants, v. Stanley K. HATHAWAY et al., Defendants-Appellees, and Arizona Public Service Company et al., Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 18, 1975

Attorney(s) appearing for the Case

Robert S. Pelcyger (argued), Boulder, Colo., for plaintiffs-appellants.

Jacques B. Gelin, Atty. (argued), U. S. Dept. of Justice, Washington, D. C., Rex E. Lee (argued), Provo, Utah, for defendants-appellees.

Before BROWNING and DUNIWAY, Circuit Judges, and ORRICK, District Judge.

OPINION

ORRICK, District Judge:

On June 6, 1966, the Hopi Tribe of Arizona leased to the Peabody Coal Company's predecessor in interest a strip of land for a term of ten years. The land, known as the Black Mesa, was owned jointly with the Navajo Indian Tribe.1

Appellants, "Kikmongwis" or village leaders of the "traditional Hopi"2 (i. e., spiritualistic...

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