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JICARILLA APACHE TRIBE v. UNITED STATES

No. 77-1737.

601 F.2d 1116 (1979)

JICARILLA APACHE TRIBE, Appellant, v. UNITED STATES of America et al., Appellees, State of New Mexico, ex rel. S. E. Reynolds, State Engineer, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Decided June 22, 1979.

Attorney(s) appearing for the Case

Edward J. Shawaker, Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Washington, D. C., Victor R. Ortega, U. S. Atty., Charles N. Estes, Jr., Asst. U. S. Atty., Albuquerque, N. M., Dirk D. Snel, Dept. of Justice, Washington, D. C., on the brief), for appellees.

Richard A. Simms, Sp. Asst. Atty. Gen., Santa Fe, N. M., for the State of New Mexico, amicus curiae.

Lester K. Taylor, of Nordhaus, Moses & Dunn, Albuquerque, N. M., for appellant.

Before HOLLOWAY and BARRETT, Circuit Judges, and MILLER, Judge, United States Court of Customs and Patent Appeals.

BARRETT, Circuit Judge.

The Jicarilla Apache Tribe, residing on a Reservation in the State of New Mexico, appeals from a sua sponte Order entered July 19, 1977, dismissing the Tribe's complaint filed December 12, 1975.1

A detailed recitation of the multi-faceted litigative history will facilitate our review.

Litigative History

a. State Action

Prior to the filing of the Tribe's complaint...

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