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KERR-McGEE CORP. v. NAVAJO TRIBE OF INDIANS

Nos. 82-5725, 82-5736.

731 F.2d 597 (1984)

KERR-McGEE CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. NAVAJO TRIBE OF INDIANS, Defendant-Appellant. KERR-McGEE CORPORATION, a Delaware corporation, Plaintiff-Appellant, v. NAVAJO TRIBE OF INDIANS, a tribe of American Indians recognized by the United States Department of the Interior, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted August 22, 1983.

Decided April 17, 1984.

Attorney(s) appearing for the Case

Alvin H. Shrago, Fred E. Ferguson, Jr., Evans, Kitchel, Jenckes, P.C., Phoenix, Ariz., for Kerr-McGee.

Carol E. Dinkins, Asst. Atty. Gen., Dirk D. Snel, Kay L. Richman, Attys., Dept. of Justice, David Etheridge, Atty., Dept. of Interior, Washington, D.C., for amicus U.S.

George P. Vlassis, Katherine Ott, Vlassis & Ott, Phoenix, Ariz., for Navajo Tribe of Indians.

Before MERRILL, SKOPIL and FERGUSON, Circuit Judges.

MERRILL, Circuit Judge.

Kerr-McGee Corporation is a Delaware corporation engaged in business in New Mexico and Arizona. The Navajo Tribe of Indians is a tribe of American Indians situated upon a reservation created in part by treaty and in part by executive order in the states of Arizona, New Mexico, and Utah. The Tribe has no written constitution, but its self-governing powers are vested in the Navajo Tribal Council.

Kerr-McGee is a non-Indian mineral lessee...

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