NATIONAL INDIAN YOUTH COUNCIL v. ANDRUS

No. 80-1492.

623 F.2d 694 (1980)

NATIONAL INDIAN YOUTH COUNCIL, a Non-profit N.M. Corp.; Martha Begay; Redhorse Begay; Keenashan Begay; Oscar Begay; Nancy Begay; Gabriel Bitsui; Louise LaMone; Eugene LaMone; Marie Smith; Priscilla Yazzie; Nakai Yazzie; Frank Bitsui and Alice Bitsui, Plaintiffs-Appellants, v. Cecil D. ANDRUS; Forrest Gerald; Keith Higginson; Vincent E. McKelvey and William T. Whalen, Defendants-Appellees, El Paso Natural Gas Company and Consolidation Coal Company, Intervenors-Defendants.

United States Court of Appeals, Tenth Circuit.

Decided June 27, 1980.


Attorney(s) appearing for the Case

John Kelly, Albuquerque, N. M. (Luebben, Hughes & Kelly, Albuquerque, N. M., was with him on briefs), for plaintiffs-appellants.

Jerry Jackson (David C. Cannon, Jr., Atty., Dept. of Justice, Washington, D. C., was with him on briefs), for defendants-appellees.

Victor R. Ortega, Albuquerque, N. M. and D. Alan Rudlin, Richmond, Va. (Montgomery & Andrews, William Clint Parsley, Santa Fe, N. M., Hunton & Williams and T. S. Ellis, III, Richmond, Va., were with them on briefs), for intervenors-defendants.

Before SETH, BREITENSTEIN and SEYMOUR, Circuit Judges.


PER CURIAM.

This appeal under 28 U.S.C. § 1292(a)(1) attacks the denial of a preliminary injunction by the United States District Court for the District of New Mexico. The controversy concerns the validity of a lease by the Navajo Nation for coal mining operations on the Navajo Reservation.

The plaintiffs are 12 individual Navajo Indians and the National Indian Youth Council, a nonprofit organization. The defendants are the Secretary of the Interior and...

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