UNC RESOURCES, INC. v. BENALLY

Civ. No. 80-750 HB.

514 F.Supp. 358 (1981)

UNC RESOURCES, INC., a Virginia Corporation et al., Plaintiffs, v. Kee Joe BENALLY, Census No. 90261 et al., Defendants.

United States District Court, D. New Mexico.

May 8, 1981.


Attorney(s) appearing for the Case

Russell Moore, Phil Krehbiel, Keleher & McLeod, Albuquerque, N. M., Michael Comeau, Bigbee, Stephenson, Carpenter, Crout & Olmsted, Santa Fe, N. M., Douglas L. Irish, Marty Harper, Jose A. Cardenas, Lewis & Roca, Phoenix, Ariz., for plaintiffs.

Michael C. Nelson, Wayne H. Bladh, Alan R. Taradash, DNA-People's Legal Services, Inc., Window Rock, Ariz., for defendants Fred Adakai, Lenita Adakai, Kieyone Begay, Mary Haley Begay, John Kenneth Billy and Betty Rose Billy.


MEMORANDUM OPINION

BRATTON, Chief Judge.

This case involves a large-scale accident in the uranium industry in New Mexico and raises novel questions of Indian tribal jurisdiction over non-Indians. It is before the Court on plaintiffs' motion for a preliminary injunction and defendants' motion to dismiss.

I

FACTS

Plaintiff United Nuclear Corporation1 owns and operates a mill for uranium ore near Churchrock...

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