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BABBITT FORD, INC. v. NAVAJO INDIAN TRIBE

Nos. CIV 80-686 PCT CAM, CIV 80-925 PHX CAM.

519 F.Supp. 418 (1981)

BABBITT FORD, INC., an Arizona Corporation, Plaintiff, v. The NAVAJO INDIAN TRIBE, Through Its Chairman, Peter MacDonald, et al., Defendants. GURLEY MOTOR COMPANY, a New Mexico Corporation, Plaintiff, v. Peter MacDONALD, individually and in his official capacity as Chairman of the Navajo Tribal Council, et al., Defendants.

United States District Court, D. Arizona.

July 14, 1981.

Attorney(s) appearing for the Case

Gerald W. Nabours, Mangum, Wall, Stoops & Warden, Flagstaff, Ariz., for Babbitt Ford, Inc.

Alvin H. Shrago, Evans, Kitchel & Jenckes, Phoenix, Ariz., for Gurley Motor Co.

Williby E. Case, Jr., Katherine Ott, Vlassis & Ott, Phoenix, Ariz., for Navajo Indian Tribe, Peter McDonald, Navajo Tribal Courts, Nelson J. McCabe, Navajo Tribal Police, Wilbur Kellogg.

John A. MacKinnon, Elizabeth Bernstein, DNA-Peoples Legal Services, Inc., Tuba City, Ariz., for Tom Sellers and Lorraine Sellers, husband & wife; Barney Joe and Alice Joe, husband and wife.

T. W. Shumway, St. George, Utah, for amicus curiae.

OPINION AND ORDER

MUECKE, Chief Judge.

Plaintiffs herein are automobile dealers. Plaintiff Babbitt Ford (Babbitt) is an Arizona corporation doing business in Flagstaff, Arizona. Plaintiff Gurley Motor Company (Gurley) is a New Mexico Corporation doing business in Gallup, New Mexico.1

By virtue of their close proximity to the Navajo Indian Reservation, both plaintiffs enjoy...

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