Jake C. PELT, Dan Benally, Jim Benally, Helen Cly, and Fred Johnson for themselves and on behalf of a class of persons consisting of all Navajo Indians residing in San Juan County, Utah, including a sub-class of persons consisting of all other Indians the Secretary of the Interior saw fit to settle on lands described in the 1933 Act prior to May 17, 1968, Plaintiffs-Appellants,
and
the Navajo Nation, Intervenor-Appellant,
v.
STATE OF UTAH, Defendant-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
December 31, 1996.
December 31, 1996.
Attorney(s) appearing for the Case
John P. Pace, (Brian M. Barnard and Parker M. Nielson, with him on the brief), Salt Lake City, UT, for Plaintiffs-Appellants.
Luralene D. Tapahe, Attorney for the Navajo Nation Department of Justice (Herb Yazzie, Attorney General for the Navajo Nation Department of Justice, and Steve Bloxham, Attorney for the Navajo Nation Department of Justice, with her on the brief), Window Rock, Navajo Nation, AZ, for Intervenor-Appellant.
Debra J. Moore, Assistant Attorney General for the State of Utah, (Jan C. Graham, Attorney General for the State of Utah, and Carol Clawson, Solicitor General for the State of Utah, with her on the brief), Salt Lake City, UT, for Defendant-Appellee.
Lois J. Schiffer, Assistant Attorney General, Edward J. Shawaker and David C. Shilton, Attorneys, Department of Justice, Washington DC, on the brief, for United States of America as amicus curiae.
Before BALDOCK, HOLLOWAY, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BALDOCK, Circuit Judge.
In these appeals, we must determine whether An Act to Permanently Set Aside Certain Lands in Utah as an Addition to the Navajo Indian Reservation, and for Other Purposes, 47 Stat. 1418 (1933), as amended by Pub.L. No. 90-306, 82 Stat. 121 (1968) (hereinafter "the 1933 Act"),1 implied a cause of action for breach of fiduciary duty. Jake C. Pelt, Dan Benally, Jim Benally, Helen Cly, and Fred Johnson (hereinafter...
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