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TEXACO, INC. v. HALE

No. 95-2033.

81 F.3d 934 (1996)

TEXACO, INC.; Texas-New Mexico Pipeline, Plaintiffs-Appellants, v. Albert HALE, successor to Peterson Zah as President of the Navajo Nation; David C. Brunt, successor to Nelson Gorman and Stella Saunders as Commissioner of the Navajo Tax Commission; Victor Joe, successor to Nelson Gorman and Stella Saunders as Commissioner of Navajo Tax Commission; Bruce Keizer, successor to Nelson Gorman and Stella Saunders as Commissioner of the Navajo Tax Commission; Joe Shirley, successor to Nelson Gorman and Stella Saunders as Commissioner of the Navajo Tax Commission; Lee Bergen, successor to Nelson Gorman and Stella Saunders as Commissioner of the Navajo Tax Commission; Derrick Watchman, member, Navajo Tax Commission; Steven Begay, successor to Derrick Watchman as Executive Director of the Navajo Tax Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 21, 1996.

Attorney(s) appearing for the Case

Bradford C. Berge, Campbell, Carr & Berge, P.S., Santa Fe, New Mexico, for Plaintiffs-Appellants.

Paul E. Frye (Lisa M. Enfield; Herb Yazzie, Attorney General; Marcelino R. Gomez; and C. Joseph Lennihan, Navajo Nation Department of Justice, with him on the briefs), Nordhaus, Haltom, Taylor, Taradash & Frye, LLP, Albuquerque, New Mexico, for Defendants-Appellees.

Before PORFILIO, McWILLIAMS, and ALARCON, Circuit Judges.

PORFILIO, Circuit Judge.

This case involves the application of the tribal exhaustion doctrine to a taxation dispute involving land located outside Navajo Reservation borders but within Navajo Indian Country. Texaco, Inc. and Texas-New Mexico Pipeline (Appellants) seek federal declaratory relief against the Navajo Tax Commission and officials of the Navajo Tribe and the Navajo Tax Commission (the Tribe). We considered a prior appeal by Appellants in Texaco, Inc...

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