MASAYESVA v. ZAH

Nos. Civ 74-842 PCT EHC, Civ 90-666 PCT EHC.

792 F.Supp. 1178 (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. THE NAVAJO NATION, Plaintiff, v. THE UNITED STATES OF AMERICA, et al., Defendants.

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., for plaintiff.

Terry E. Fenzl, Charles S. Price, Randolph H. Barnhouse, Brown & Bain, P.A., Phoenix, Ariz., and Joe Patterson, Navajo Nation, Dept. of Justice, Window Rock, Ariz., for defendant.

K. Jerome Gottschalk, Robert M. Peregoy, Edgar T. Bristow, Boulder, Colo., for intervenors.

Linda A. Akers, U.S. Atty., District of Arizona, James P. Loss, Asst. U.S. Atty., Phoenix, Ariz., for U.S.


ORDER

CARROLL, District Judge.

On December 11, 1989, the Bureau of Indian Affairs ("BIA") of the Department of Interior ("Interior"), issued its notice of final determination that the San Juan Southern Paiute Tribe ("the Paiutes" or the "Paiute Tribe") exists as an Indian tribe within the meaning of Federal law.1 The BIA found that the Paiute Tribe met all of the criteria set forth...

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