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JOE v. MARCUM

Nos. 78-1912, 78-1932.

621 F.2d 358 (1980)

Tom S. JOE, Plaintiff-Appellee, v. Honorable Roy MARCUM, Magistrate, Division II, San Juan County, New Mexico; USLife Credit Corporation, a New Mexico Corporation; and Utah International, Inc., a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 16, 1980.

Attorney(s) appearing for the Case

Richard B. Collins, Boulder, Colo. (Timothy V. Flynn-O'Brien, Judy A. Flynn-O'Brien, and Earl R. Mettler, Shiprock, N. M., with him, on brief), for plaintiff-appellee.

Thomas L. Dunigan, Deputy Atty. Gen., Santa Fe, N. M. (Jeff Bingaman, Atty. Gen., and Anthony P. Marquez, Asst. Atty. Gen., Santa Fe, N. M., with him, on brief), for Honorable Roy Marcum, defendant-appellant.

R. Thomas Dailey of Dailey & Cardin, P. C., Farmington, N. M., for USLife Credit Corporation, defendant-appellant.

James W. Moorman, Asst. Atty. Gen., Edward J. Shawaker, and Joshua I. Schwartz, Attys., Dept. of Justice, Washington, D. C., on brief, for United States as amicus curiae.

Genevieve K. Chato, Legal Department, The Navajo Tribe, Window Rock, Ariz., on brief, for Navajo Tribe as amicus curiae.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

Garnishment proceedings to enforce a $247.35 default judgment trigger the present proceeding, which involves, among other things, the United States Constitution, the Navajo Treaty of 1868, the New Mexico Enabling Act, the Civil Rights Act of 1968, and Navajo Tribal Statutes. The facts are simple, though the legal issues are not.

Tom S. Joe is a Navajo Indian who resides on the Navajo Indian Reservation at

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