SWIFT TRANSP., INC. v. JOHN

No. CIV 81-1555 PCT VAC.

546 F.Supp. 1185 (1982)

SWIFT TRANSPORTATION, INC., an Arizona corporation, and Ronald M. Hafner, a single man, Plaintiffs and Petitioners, v. Mary JOHN, a widow; Katie Mae John, a single person; Katie Mae John, as next friend of Rodney John and Phillip Jerome John, minors; Mary Lou Gold-tooth, individually, and Mary Lou Gold-tooth, as next friend of Randi Lou Gold-tooth and Raini Lou Goldtooth, minors; Robert Walters, in his official capacity as Judge of the District Court of the Navajo Nation, Tuba City, District, Arizona; The Navajo Tribal Courts, by and through its Chief Justice, Nelson McCabe; The Navajo Indian Tribe, through its Chairman, Peter McDonald, Defendants and Respondents.

United States District Court, D. Arizona.

September 3, 1982.


Attorney(s) appearing for the Case

Daniel J. Stoops, Mangum, Wall, Stoops & Warden, Flagstaff, Ariz., for plaintiffs and petitioners.

Martha Blue, Ward, Blue & Itschner, P. A., Flagstaff, Ariz., for the individual defendants and respondents.

Katherine Ott, Vlassis & Ott, Phoenix, Ariz., for The Navajo Tribe, The Navajo Tribal Courts and The Navajo Officials.


OPINION

CORDOVA, District Judge.

This matter is before the Court on plaintiffs' application for preliminary injunction and on two motions to dismiss filed by defendants. For the reasons below, an injunction will issue and the motions to dismiss will be denied.

FACTS

On or about November 13, 1980 members of two Navajo families, the Johns and the Goldtooths, filed a complaint in the District Court of the Navajo Nation, Tuba City District...

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