INTER TRIBAL COUNCIL OF ARIZONA, INC. v. BABBITT

No. 93-16564.

51 F.3d 199 (1995)

INTER TRIBAL COUNCIL OF ARIZONA, INC., an Arizona non-profit corporation, individually and as Trustee of the Arizona Inter Tribal Trust Fund; the Havasupai Indian Tribe, a Federally recognized Indian Tribe; San Carlos Apache Tribe, a Federally recognized Indian Tribe; the Tonto Apache Tribe, a Federally recognized Indian Reservation; the Hualapai Indian Tribe, a Federally recognized Indian Tribe; Cocopah Indian Tribe, a Federally recognized Indian Tribe; the Fort Mohave Indian Tribe, a Federally recognized Indian Tribe; the Kaibab Paiute Indian Tribe, a Federally recognized Indian Tribe, Plaintiffs-Appellants, v. Bruce BABBITT, in his official capacity as Secretary of the Interior of the United States; Barron Collier Company; City of Phoenix, Arizona; J. Fife Symington, III, in his official capacity as Governor of the State of Arizona; Jesse Brown, Secretary, in his official capacity as Acting Secretary of Veterans' Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 28, 1995.


Attorney(s) appearing for the Case

Joe P. Sparks, Kevin T. Tehan and John H. Ryley, Sparks & Siler, Scottsdale, AZ, for plaintiffs-appellants.

Martin W. Matzen, Edward J. Passarelli, and Andrew C. Mergen, Attys., U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Donald M. Peters, and Susan A. Cannata, Mayer, Hendricks, Victor, Osborn & Maledon, Phoenix, AZ, for defendant-appellee.

Before: HUG, FARRIS and POOLE, Circuit Judges.


POOLE, Circuit Judge:

The Inter Tribal Council of Arizona ("ITCA"), a consortium of 19 federally recognized Indian Tribes in Arizona, along with six of the tribes in their individual capacities (collectively, the "Tribes"), sued the Secretary of the Interior ("Secretary") and Barron Collier, Inc., Collier Development Corporation and Collier Enterprises (collectively, "Collier") to challenge aspects of the Secretary's exchange of the federally owned Phoenix Indian...

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