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MASAYESVA v. ZAH

No. 93-15109.

65 F.3d 1445 (1995)

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

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1995.

As Amended on Denial of Rehearing and Rehearing December 5, 1995.

Attorney(s) appearing for the Case

James E. Scarboro, Arnold & Porter, Denver, CO, for plaintiff-appellant.

Terry E. Fenzl, Brown & Bain, Phoenix, AZ, for defendant-appellee.

Before: CHOY, POOLE and KLEINFELD, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 5, 1995.

KLEINFELD, Circuit Judge:

We affirm in most but not all respects the district court decision dividing land between the Hopi and Navajo tribes. The issues arise from application of a statute Congress passed to deal specifically with this dispute.

I. Litigation History.

For centuries, the Hopi and Navajo peoples have disagreed...

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