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ASARCO INC. v. KADISH

No. 87-1661.

490 U.S. 605 (1989)

ASARCO INC. ET AL. v. KADISH ET AL.

Supreme Court of United States.

Decided May 30, 1989

Attorney(s) appearing for the Case

Daniel M. Gribbon argued the cause for petitioners. With him on the briefs were William H. Allen, Elizabeth V. Foote, Burton M. Apker, and Howard A. Twitty.

David S. Baron argued the cause for respondents. With him on the brief was Kevin J. Lanigan.

Christopher J. Wright argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Fried, Assistant Attorney General Marzulla, Deputy Solicitor General Wallace, Robert L. Klarquist, and J. Carol Williams.*

JUSTICE KENNEDY delivered the opinion of the Court, except as to Part II-B-1.

The ultimate question for our decision is whether Arizona's statute governing mineral leases on state lands is void because it does not conform with the federal laws that originally granted those lands from the United States to Arizona. First, however, there is a difficult question about our own jurisdiction, a matter which touches on essential aspects of the proper relation between state...

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