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PEABODY COAL CO. v. NAVAJO NATION

Nos. 94-15647, 94-15650 and 94-16622.

75 F.3d 457 (1996)

PEABODY COAL COMPANY, A Delaware corporation; Southern California Edison Company, a California corporation, Plaintiffs-Appellees, Ferrell Secakuku, Chairman of the Hopi Tribal Counsel of the Hopi Tribe, Intervenor-Appellant, v. The NAVAJO NATION, Cross-Claim-Defendant-Appellee. PEABODY COAL COMPANY, A Delaware corporation; Southern California Edison Company, a California corporation, Plaintiffs-Appellants, Ferrell Secakuku, Chairman of the Hopi Tribal Counsel of the Hopi Tribe, Intervenor-Appellee, v. The NAVAJO NATION, Cross-Claim-Defendant-Appellee. PEABODY COAL COMPANY, a Delaware corporation, Plaintiff, Ferrell Secakuku, Chairman of the Hopi Tribal Counsel of the Hopi Tribe, Intervenor-Appellant, v. The NAVAJO NATION, Cross-Claim-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 16, 1996.

Attorney(s) appearing for the Case

Jeffrey B. Smith, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Arizona; Robert B. Hoffman, Snell & Wilmer, Phoenix, Arizona, for plaintiffs-cross-appellants.

Alfred T. McDonnell and James E. Scarboro, Arnold & Porter, Denver, Colorado, for intervenor-appellant.

Eric N. Dahlstrom and Michael C. Shiel, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, Phoenix, Arizona, for defendant-appellee.

Before: CHOY, WIGGINS, and LEAVY, Circuit Judges.

CHOY, Circuit Judge:

Introduction

These consolidated appeals present another chapter in the long-standing controversy between the Hopi and Navajo over governing reservation lands in northeastern Arizona. These appeals arise from the District of Arizona and present two issues. First, did the district court, Judge Strand presiding, err in holding that the Navajo have exclusive governmental power over the Navajo Partitioned Lands to the extent that the Navajo...

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