BLATCHFORD v. SULLIVAN

No. 87-1547.

904 F.2d 542 (1990)

Herbert Charles BLATCHFORD, Jr., Petitioner-Appellant, v. George SULLIVAN, Warden, and Attorney General, State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 30, 1990.


Attorney(s) appearing for the Case

Tova Indritz, Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Norman S. Thayer, Sutin, Thayer & Browne, Albuquerque, N.M. (Hal Stratton, Atty. Gen. of the State of N.M., George Snyder, Asst. Atty. Gen., Santa Fe, N.M., Stephen Charnas, Sasha Siemel, and James Lawrence Sanchez, Sutin, Thayer & Browne, Albuquerque, N.M., with him on the brief), for respondents-appellees.

Roger J. Marzulla, Acting Asst. Atty. Gen., William L. Lutz, U.S. Atty., Albuquerque, N.M., Jacques B. Gelin and Maria A. Iizuka, Attys., Dept. of Justice, Washington, D.C., on the brief, for the U.S. as amicus curiae.

Paul E. Frye, Nordhaus, Haltom, Taylor, Taradash & Frye, Albuquerque, N.M., on the brief, for the Navajo Tribe of Indians as amicus curiae.

Before MOORE, ANDERSON and BALDOCK, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

This case is a companion case to Pittsburg & Midway Coal Mining Co. v. Yazzie, 909 F.2d 1387 (10th Cir.1990). Although Pittsburg & Midway is a civil case and this one a criminal case, both raise the same legal issue, i.e., whether 1.9 million acres in northwest New Mexico remain part of the Navajo Reservation by virtue of two Executive Orders issued in 1907 and 1908. Oral arguments...

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