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MASAYESVA ON BEHALF OF HOPI INDIAN TRIBE v. HALE

Nos. 94-17022, 94-17031, 94-17032, 95-15015 and 95-15029.

118 F.3d 1371 (1997)

Vernon MASAYESVA, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on Behalf of the HOPI INDIAN TRIBE, Plaintiff-Appellee, v. Albert HALE, President of the Navajo Nation; Navajo Nation, Defendants-Appellants. Ferrell SECAKUKU, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, Plaintiff-Appellant-Cross-Appellee, v. Albert HALE, President of the Navajo Nation; Navajo Nation; United States of America, Defendants-Appellees-Cross-Appellants. Ferrell SECAKUKU, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, Plaintiff-Appellee-Cross-Appellant, v. Albert HALE, President of the Navajo Nation; Navajo Nation; United States of America, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Lois J. Schiffer and Katherine W. Hazard, Assistant Attorneys General, United States Department of Justice, Washington, DC, for intervenor United States.

James M. Balogh and Dale S. Zeitlin, Zeitlin & Balogh, Phoenix, AZ, for appellees Hale and Navajo Tribe.

Tim Atkeson, Arnold & Porter, Denver, CO, for appellant Hopi Tribe.

Before: SCHROEDER, FLETCHER and RYMER, Circuit Judges.

Opinion by Judge SCHROEDER; Partial Concurrence and Partial Dissent by Judge FLETCHER.

SCHROEDER, Circuit Judge:

I. INTRODUCTION

These appeals are part of the long running and emotion scarring controversy between the Navajo Nation and the Hopi Tribe, in which the legislative, executive and judicial branches of the United States have all figured prominently. The dispute has centered on the ownership, control and use of nearly 2 million acres of the...

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