ASHCROFT v. UNITED STATES DEPT. OF INTERIOR

No. 81-5381.

679 F.2d 196 (1982)

Norman ASHCROFT, dba Querino Canyon Superette; Clyde A. Baker, dba Baker Chevron; Everett Edmunds & Wayne Harris, dba Ganado Chevron; Richard Harris, dba Two Story Trading Post; Mrs. Lester (Anna) Lee; Jim McAvoy, dba St. Michaels Towing; Dwight McGee, dba Aneth Trading Post; Armond Ortega, dba Indian Ruins; Freddy Slatton, dba Tomahawk Indian Store; Brady Smithson, dba Burnt Water Trading Post; Homer Thompson, dba Tuller Cafe; and Arthur Keenan, Plaintiffs/Appellees, v. The UNITED STATES DEPARTMENT OF the INTERIOR, The Honorable Cecil D. Andrus, Secretary of the Department of Interior; and The Bureau of Indian Affairs, an agency of the United States of America and a Division of the Department of Interior, Defendants/Appellants. ATKINSON'S LTD. OF ARIZONA, an Arizona corporation, dba Gilbert Ortega's Cameron Trading Post, Plaintiffs/Appellees, v. The UNITED STATES of America and The Honorable Cecil D. Andrus, Secretary of the Interior, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1982.

As Amended on Denial of Rehearing September 2, 1982.


Attorney(s) appearing for the Case

Maria A. Iizuka, Washington, D. C., argued, for defendants-appellants; Dirk D. Snel, Washington, D. C., on brief.

William J. Darling, Eaves & Darling, David L. Norvell, Albuquerque, N. M., for plaintiffs-appellees.

Before SNEED, POOLE and BOOCHEVER, Circuit Judges.


POOLE, Circuit Judge:

This is an appeal from an order of the United States District Court for the District of Arizona enjoining the government from enforcing against appellees' businesses regulations enacted pursuant to the Indian Trader Statutes, 25 U.S.C. §§ 261-264.

Appellees are owners or operators of retail businesses on fee patent land within the exterior boundaries of the Navajo Reservation. Most of the businesses are general stores, some...

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