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SEQUOYAH v. TENNESSEE VALLEY AUTHORITY

No. 79-1633.

620 F.2d 1159 (1980)

Ammoneta SEQUOYAH, Richard Crowe, Gilliam Jackson, Individually and representing other Cherokee Indians similarly situated; the Eastern Band of Cherokee Indians; and the United Ketooah Band of Cherokee Indians, Appellants, v. TENNESSEE VALLEY AUTHORITY, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1980.

Attorney(s) appearing for the Case

Robert M. Stivers, Jr., Leibowitz, Watson, Kressin, Stivers & Erickson, Knoxville, Tenn., Ben Oshel Bridgers, Holt, Haire & Bridgers, Sylva, N. C., Walter Echo-Hawk, Kurt Blue Dog, Native American Rights Fund, Boulder, Colo., Ellen Leitzer, Susan Tomita, National Indian Youth Council, Albuquerque, N. M., for appellants.

Herbert S. Sanger, Jr., General Counsel, Tennessee Valley Authority, James E. Fox, Justin M. Schwamm, Sr. Asst. General Counsel, Michael R. McElroy, Knoxville, Tenn., for appellee.

Bruce J. Ennis, American Civil Liberties Union, New York City, Nancy Stearns, Center for Constitutional Rights, New York City, for amici curiae Nat'l Council of Churches of Christ in USA, et al.

David H. Getches, University of Colorado, School of Law, Boulder, Colo., Bertram E. Hirsch, Bellerose, N. Y., Jon Van Dyke, Native Hawaiian Legal Corp., Honolulu, Hawaii, for amici curiae.

Before LIVELY, KEITH and MERRITT, Circuit Judges.

LIVELY, Circuit Judge.

This appeal requires the court to make a determination of the legal efficacy of a claim based on the Free Exercise Clause of the First Amendment.1

I.

The plaintiffs brought this class action on behalf of "all those present or future Cherokee Indians who practice the traditional Cherokee religion and adhere to Cherokee Indian tradition and culture." The principal relief sought in the complaint was...

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