PITTSBURG & MIDWAY COAL MINING COMPANY, Plaintiff-Appellant,
v.
Kee Ike YAZZIE, Roselyn D. John, Romero Brown, Lewis Calamity, Peter J. Korth, and David C. Brunt, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
May 30, 1990.
As Amended August 3, 1990.
Attorney(s) appearing for the Case
Christopher Lane, Sherman & Howard, Denver, Colo. (Mary J. Kelly and G. Sonny Cave, Sherman & Howard, Denver, Colo., James G. di Zerega and Kent R. Olson, Englewood, Colo., with him on the briefs), for plaintiff-appellant.
Paul E. Frye, Nordhaus, Haltom, Taylor, Taradash & Frye, Albuquerque, New Mexico (Michael P. Upshaw, Atty. Gen., and Paull Mines, Navajo Nation Dept. of Justice, Window Rock, Arizona, with him on the brief), for defendants-appellees.
Lynn H. Slade, Walter E. Stern, William C. Scott and George R. McFall, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico, on the brief, for amici curiae, Santa Fe Pacific R.R. Co. and Cerrillos Land Co.
Hal Stratton, Atty. Gen., and Christopher D. Coppin, Asst. Atty. Gen., Santa Fe, N.M., on the brief, for amicus curiae, the State of N.M.
Melody L. McCoy and Robert T. Anderson, Native American Rights Fund, Boulder, Colo., on the brief for amici curiae, Cheyenne-Arapaho Tribes and Native Village of Venetie.
Before MOORE, ANDERSON and BALDOCK, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
STEPHEN H. ANDERSON, Circuit Judge.
This case raises the question of whether a 1907-08 addition to the Navajo Reservation of nearly 1.9 million acres in northwestern New Mexico was terminated by two Executive Orders issued in 1908 and 1911.* The plaintiff-appellant is the Pittsburg and Midway Coal Mining Company ("P & M"), whose South McKinley mine is on the land in question and whose "source gains" from the mine's coal sales are taxed...
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