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MURDOCK v. UTE INDIAN TRIBE OF UINTAH & OURAY RESV.

No. 91-4112.

975 F.2d 683 (1992)

Glen Mac MURDOCK, Jr., Mac Eugene Murdock, Affiliated Ute Citizens of the State of Utah, Plaintiffs-Appellants, v. UTE INDIAN TRIBE OF UINTAH AND OURAY RESERVATION, a Federal corporation; Luke J. Duncan, Stewart Pike, Gary Poowegup, Sr., Floyd Wopsock, Alvin Pinnecoose, Curtis Cesspooch, in their official capacity as members of the Business Committee of the Uintah and Ouray Indian Reservation, Defendants, and UTE Distribution Corporation, a Utah corporation; Manual Lujan, Jr., Secretary of the United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 9, 1992.

Attorney(s) appearing for the Case

Kathryn Collard (Stephen Russell, with her on the briefs), of Collard & Russell, Salt Lake City, Utah, for plaintiffs-appellants.

Stephen Roth, Asst. U.S. Atty., Salt Lake City, Utah, Robert S. Thompson, III, of Whiteing & Thompson, Boulder, Colo., and Max D. Wheeler of Snow, Christensen & Martineau, Salt Lake City, Utah (Dee V. Benson, U.S. Atty., and Camille N. Johnson of Snow, Christensen & Martineau, Salt Lake City, Utah, with them on the brief), for defendants-appellees.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and EISELE, Senior District Judge.

EBEL, Circuit Judge.

In this appeal, we must determine whether collateral estoppel precludes the litigation of claims brought by the Affiliated Ute Citizens of the State of Utah and two individuals asserting that the Affiliated Ute Citizens of the State of Utah, and not the Ute Distribution Corp., is the authorized representative of the mixed-blood Utes for purposes of managing the mixed-blood Utes' portion of the Ute Tribe's indivisible assets. We conclude that the...

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