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ARIZONA PUBLIC SERVICE CO. v. ASPAAS

Nos. 93-17075, 93-17079.

77 F.3d 1128 (1995)

ARIZONA PUBLIC SERVICE COMPANY, an Arizona Corporation, Plaintiff-Appellee, v. Jayne ASPAAS, Virgil Kirk, Sr., Wallace Charley, Helen Bonnaha, Roger Pablo, Roy Begay, Honorable Tom Tso, Honorable Homer Bluehouse, and Honorable Raymond D. Austin, Defendants-Appellants. ARIZONA PUBLIC SERVICE COMPANY, an Arizona Corporation, Plaintiff-Appellant, v. Jayne ASPAAS, Virgil Kirk, Sr., Wallace Charley, Helen Bonnaha, Roger Pablo, Roy Begay, Honorable Tom Tso, Honorable Homer Bluehouse, and Honorable Raymond D. Austin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 7, 1995.

As Amended on Denial of Rehearing and Suggestion for Rehearing March 11, 1996.

Attorney(s) appearing for the Case

Neil Vincent Wake, Bryan Cave LLP, Phoenix, Arizona, for plaintiff-appellee-cross-appellant.

Eric N. Dahlstrom and Michael C. Shiel, Rothstein, Bennett, Donatelli, Hughes & Dahlstrom, Phoenix, Arizona; Richard Davies, Davies & Jones, Port Townsend, Washington; and Herb Yazzie and Joe Lennihan, Window Rock, Arizona, for defendants-appellants-cross-appellees.

Before: WALLACE, Chief Judge, SCHROEDER and TROTT, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc March 11, 1996.

SCHROEDER, Circuit Judge:

This case involves a protracted dispute between Arizona Public Service Company ("APS") and the Navajo Nation over whether the Navajo Nation can regulate certain APS employment policies affecting the hiring of Navajos who wish to work in APS's Four Corners Power Plant. The plant is operated on tribal trust land in northwestern New Mexico that APS...

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