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SEKAQUAPTEWA v. MacDONALD

Nos. 74-1936, 74-2215 and 76-1006.

544 F.2d 396 (1976)

Abbott SEKAQUAPTEWA, 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-Appellee, v. Peter MacDONALD, 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, Defendant-Appellant, Edward H. Levi, Attorney General of the United States, on behalf of the United States, Defendant.

United States Court of Appeals, Ninth Circuit.

September 27, 1976.

Attorney(s) appearing for the Case

George P. Vlassis (argued), of Brown, Vlassis & Bain, Phoenix, Ariz., for defendant-appellant.

John S. Boyden, Sr. (argued), of Boyden, Kennedy, Romney, & Howard, Salt Lake City, Utah, for plaintiff-appellee.

Before ELY and WALLACE, Circuit Judges, and CRARY, District Judge.

CRARY, District Judge:

The three consolidated appeals here before the Court are the most recent in the line of cases, the genesis of which is the Executive Order of December 16, 1882, creating a Hopi and Navajo Reservation of some 2,500,000 acres in northeastern Arizona. The portion of the Reservation in controversy is the area designated as the joint use area of the two tribes. In Healing v. Jones,

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