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KERR-McGEE CORP. v. NAVAJO TRIBE OF INDIANS

Nos. 82-5725, 82-5736.

731 F.2d 604 (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.

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 Indian Tribe.

Before MERRILL, SKOPIL and FERGUSON, Circuit Judges.

MERRILL, Circuit Judge.

In its appeal in this action Kerr-McGee argued that the Navajo Tribe ought to be estopped from relitigating the issue of the necessity of approval by the Secretary of the Interior of certain taxes levied by the Navajo Tribe on mineral leases issued by the Tribe. Kerr-McGee had successfully urged the District Court to follow the holding of the Federal District Court for the District of Utah in Southland Royalty Co. v. Navajo Tribe of Indians...

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