BEGAY v. ALBERS

Nos. 81-1926, 83-1210 and 83-1376.

721 F.2d 1274 (1983)

Joanne BEGAY, Appellee, United States of America, Appellee, v. Betty R. ALBERS, R.E. Albers, Vera A. Albers, Sharon Albers (Fuller) Robinson, Rebecca Claire Albers, Imogene Albers, Unknown Heirs of R.E. Albers, deceased, Unknown Heirs of Vera A. Albers, deceased, Unknown Heirs of William B. Albers, deceased, Appellants. ETH-KA-NES-PAH (Mrs. Cecil Navajo), Appellee, United States of America, Appellee, v. Betty R. ALBERS, R.M. Albers, Imogene Albers, Betty R. Albers (as trustee for Sharon Albers Robinson [formerly Sharon Albers Fuller], Rebecca Claire Albers and William Alan Albers), Sharon Albers Robinson (formerly Sharon Albers Fuller), Rebecca Claire Albers, and William Alan Albers, Appellants. ETH-KA-NES-PAH (Mrs. Cecil Navajo), Appellant, v. Betty R. ALBERS, R.M. Albers, Imogene Albers, Betty R. Albers, Betty R. Albers (as trustee for Sharon Albers Robinson [formerly Sharon Albers Fuller], Rebecca Claire Albers and William Alan Albers), Sharon Albers Robinson, (formerly Sharon Albers Fuller), Rebecca Claire Albers, and William Alan Albers, Appellees.

United States Court of Appeals, Tenth Circuit.

November 14, 1983.


Attorney(s) appearing for the Case

Paul E. Frye, DNA-People's Legal Services, Inc., Window Rock, Ariz., and Wayne H. Bladh, Asst. Atty. Gen., Santa Fe, N.M. (William L. Lutz, U.S. Atty., and Herbert A. Becker, Asst. U.S. Atty., Albuquerque, N.M., with them on briefs), for Begay, Navajo, and U.S.

Russell Moore, Albuquerque, N.M. (Phil Krehbiel, Robert H. Clark, and Clyde F. Worthen, Albuquerque, N.M., with him on briefs), Keleher & McLeod, P.A., Albuquerque, N.M., for Albers.

Before HOLLOWAY, BARRETT and MILLER, Circuit Judges.


BARRETT, Circuit Judge.

In these consolidated appeals, the primary questions are whether the District Court had jurisdiction over the actions brought by plaintiffs, Indian allottees, to cancel certain deeds which were forged, purporting to convey fee title in their respective 160-acre allotment tracts, approved by the Department of the Interior, and whether the court erred in granting judgment for the plaintiffs-appellees (for convenience hereafter referred to as...

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