BEGAY v. KERR-McGEE CORP.

No. 80-6059.

682 F.2d 1311 (1982)

Esther Lee BEGAY, etc., et al., Plaintiffs-Appellants, v. The KERR-McGEE CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1982.


Attorney(s) appearing for the Case

Stewart L. Udall, Phoenix, Ariz., for plaintiffs-appellants.

B. J. Rothbaum, Jr., Linn, Helms, Kirk & Burkett, Jennings, Strouss & Salmon, Jose Cardenas, Lewis & Roca, Alvin H. Shrago, Evans, Kitchell & Jenckes, P. C., Phoenix, Ariz., argued, for defendants-appellees; Steven C. Lester, Douglas L. Irish, Newman R. Porter, Phoenix, Ariz., Raymond E. Tompkins, Richard F. Campbell, III, Kerr-McGee Corp., Oklahoma City, Okl., John R. Greer, Law Offices of Robert K. Park, Phoenix, Ariz., on brief.

Before WALLACE, HUG, and ALARCON, Circuit Judges.


WALLACE, Circuit Judge:

The central issues in this appeal concern federal jurisdiction and choice-of-law under Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) (Erie). Over 200 disabled Navajo miners and their wives, including thirty-nine surviving widows of deceased miners (the Indians), appeal the district court's order dismissing their amended complaint. We affirm.

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