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SEKAQUAPTEWA v. MacDONALD

No. 79-3339.

626 F.2d 113 (1980)

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, Benjamin R. Civiletti, Attorney General of the United States, on behalf of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1980.

Attorney(s) appearing for the Case

Belinda K. Barrington, Phoenix, Ariz., on brief, for defendant-appellant.

John S. Boyden, Scott C. Pugsley, Salt Lake City, Utah, on brief; John Paul Kennedy, Salt Lake City, Utah, for plaintiff-appellee.

Before ANDERSON and SKOPIL, Circuit Judges, and BONSAL, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

This appeal represents the most recent chapter in the continuing controversy between the Navajo and the Hopi over disputed reservation lands. At issue here is approximately 50,000 acres which the Navajo claim is held exclusively by itself, and which the Hopi claim is held jointly by the two tribes. The resolution of this issue is dependent upon the location of a disputed boundary line. The court below granted summary judgment in...

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