NAVAJO TRIBE OF INDIANS, Plaintiff-Appellant,
v.
STATE OF NEW MEXICO, et al, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
January 9, 1987.
Rehearing Denied February 25, 1987.
Attorney(s) appearing for the Case
Paul E. Frye (Elmer J. Lincoln, Jr. with him on the briefs), Window Rock, Ariz., for plaintiff-appellant.
Norman S. Thayer of Sutin, Thayer & Browne, Albuquerque, N.M. (Stephen Charnas of Sutin, Thayer & Browne, Paul G. Bardacke, Atty. Gen. of N.M., Charlotte Uram and Douglas Meiklejohn, Asst. Attys. Gen., Office of the Atty. Gen., Santa Fe, N.M., with him on the brief), for defendant-appellee State of N.M.
Lynn H. Slade of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, N.M. (John R. Cooney, John S. Thal and Walter E. Stern of Modrall, Sperling, Roehl, Harris & Sisk, P.A., and Gary Crosby and Ellen Falk of Santa Fe Mining, Inc., Chicago, Ill., with him on the brief), for defendant-appellee Santa Fe Mining, Inc.
Maria A. Iizuka, Atty., Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Asst. Atty. Gen., William L. Lutz, U.S. Atty. for the D. N.M., Richard L. Beal, Atty., Dept. of Justice, San Francisco, Cal., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., with her on the brief), for defendant-appellee U.S. of America.
William J. Darling of Eaves, Darling, Anderson & Porter, P.A., Albuquerque, N.M., on the brief, for defendant-appellee Norman Ashcroft.
James Bruce of Hinkle, Cox, Eaton, Coffield & Hensley, Santa Fe, N.M., on the brief, for defendants-appellees Fernandez Co., Ltd. and Don R. Smouse.
Before BARRETT and McKAY, Circuit Judges, and THEIS, Senior District Judge.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
The primary issue in this appeal is whether Section 12 of the Indian Claims Commission Act (ICCA)1 divests the district court of jurisdiction over the Navajo Tribe's cause of action against the United States to affirm its title to unallotted lands within an Executive Order reservation that was "restored to the public domain" before all congressionally mandated allotments had been made to the Navajos living on the...
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