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BEGAY v. UNITED STATES

No. 84-2462.

768 F.2d 1059 (1985)

John N. BEGAY and his wife, Mable Lee Begay; Kee Atcitty; Bob B. Begay and his wife, Mae Begay, et al., Plaintiffs/Appellants, v. UNITED STATES of America, Defendant/Appellee. Phillip ANDERSON, Marry John Badoni, Hoskie R. Barton, Clyde Begay, Harvey Lee Begay and Herbert N. Begay, et al., Plaintiffs/Appellants, v. UNITED STATES of America, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

August 13, 1985.

Attorney(s) appearing for the Case

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

Mark H. Gallant, Atty., Dept. of Justice, I. Avrum Fingeret, Trial Atty., U.S. Dept. of Energy, Washington, D.C., for defendant/appellee.

Before ANDERSON and CANBY, Circuit Judges, and IDEMAN, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

I. OVERVIEW

The plaintiffs in this case are Navajo Indians residing on the reservation in Arizona. They are either Navajo miners who used to work in uranium mines or survivors of deceased Navajo uranium miners. The underground uranium mines involved in this case are located in Utah, Colorado, New Mexico, and Arizona, both on and off the Navajo Indian Reservation. More specifically, eleven plaintiffs were selected as a representative...

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