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HAGEN v. UTAH

No. 92-6281.

510 U.S. 399 (1994)

HAGEN v. UTAH

Supreme Court of United States.

Decided February 23, 1994.

Attorney(s) appearing for the Case

Martin E. Seneca, Jr., argued the cause for petitioner. With him on the briefs was Daniel H. Israel.

Ronald J. Mann argued the cause for the United States as amicus curiae urging reversal. With him on the briefs were Solicitor General Days, Acting Assistant Attorney General Flint, Acting Deputy Solicitor General Kneedler, Edward J. Shawaker, and Martin W. Matzen.

Jan Graham, Attorney General of Utah, argued the cause for respondent. With her on the brief were Carol Clawson, Solicitor General, and Michael M. Quealy, Assistant Attorney General.*

O'CONNOR, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, SCALIA, KENNEDY, THOMAS, and GINSBURG, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which SOUTER, J., joined, p. 422.

JUSTICE O'CONNOR delivered the opinion of the Court.

In this case we decide whether the Uintah Indian Reservation was diminished by Congress when it was opened to non-Indian settlers at the turn of the century. If the reservation has been diminished, then the town of Myton, Utah, which lies on opened lands within the historical boundaries of the reservation, is not in "Indian country," see 18 U. S. C. § 1151, and the...

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