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MASAYESVA v. ZAH

No. CIV 74-842 PCT EHC.

792 F.Supp. 1165 (1992)

Vernon MASAYESVA, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on behalf of the Hopi Indian Tribe, Plaintiff, v. Peterson ZAH, Chairman of the Navajo Tribal Council of the Navajo Indian Tribe, for and on behalf of the Navajo Indian Tribe, Defendant, v. Evelyn JAMES, et al., Intervenors.

United States District Court, D. Arizona.

March 13, 1992.

Attorney(s) appearing for the Case

James E. Scarboro, David C. Warren, Mary Gabrielle Sprague, Arnold & Porter, Denver, Colo., and Lawrence Hammond, W. Scott Bales, Meyer, Hendricks, Victor, Osborn & Maledon, Phoenix, Ariz., for plaintiff.

Terry E. Fenzl, Randolph H. Barnhouse, Brown & Bain, P.A., Phoenix, Ariz., for defendant.

K. Jerome Gottschalk, Robert M. Peregoy, Edgar T. Bristow, Native American Rights Fund, Boulder, Colo., and Philip Shea, Shea & Wilks, Phoenix, Ariz., for intervenors.

ORDER

CARROLL, District Judge.

In order to enter Findings of Fact and Conclusions of Law, this Court must decide whether it has jurisdiction to adjudicate the rights of the San Juan Southern Paiute Tribe ("Paiutes") in the 1934 Reservation ("Reservation") and what remedy is available to the Paiutes.

In summary, the Paiutes claim that they fall within the jurisdictional provision of 25 U.S.C. § 640d-7(a), contending that they qualify as "any...

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