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UTE INDIAN TRIBE OF UINTAH & OURAY RES. v. UTAH

No. 96-4073.

114 F.3d 1513 (1997)

UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION, Plaintiff-Appellee, v. STATE OF UTAH; Duchesne County, a political subdivision of the State of Utah; Roosevelt City, a municipal corporation; Duchesne City, a municipal corporation; Uintah County, a political subdivision of the State of Utah, Defendants-Appellants, and United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 8, 1997.

Attorney(s) appearing for the Case

John W. Andrews, Assistant Attorney General (Jan Graham, Attorney General, Carol Clawson, Solicitor General, Reed Richards, Chief Deputy Attorney General, and Michael M. Quealy, Assistant Attorney General, with him on the brief), Office of the Attorney General for the State of Utah, Salt Lake City, UT, for Defendant-Appellant State of Utah.

JoAnn B. Stringham, Uintah County Attorney, Vernal, UT, on the briefs, for Defendant-Appellant Uintah County.

Herbert W. Gillespie, Duchesne County Attorney, Roosevelt, UT, on the briefs, for Defendant-Appellant Duchesne County.

Robert S. Thompson, III, General Counsel, Ute Indian Tribe, Fort Duchesne, UT (Sandra Hansen, Deputy General Counsel, Ute Indian Tribe, Fort Duchesne, UT, and Tod J. Smith, Whiteing & Smith, Boulder, CO, with him on the brief), for Plaintiff-Appellee.

Robert L. Klarquist, U.S. Attorney (Lois J. Schiffer, Assistant Attorney General, Edward J. Shawaker, U.S. Attorney, and Curtis G. Berkey, U.S. Attorney, with him on the brief), Department of Justice, Washington, DC, appearing for amicus curiae United States of America.

Before TACHA, GODBOLD, and HOLLOWAY, Circuit Judges.

TACHA, Circuit Judge.

This appeal requires us to address once again the status of the Uintah Valley Indian Reservation. In the district court, the Ute Indian Tribe ("Tribe") sought to obtain a permanent injunction preventing the State of Utah, the counties of Duchesne and Uintah, and the cities of Roosevelt and Duchesne ("state and local defendants") from exercising civil and criminal jurisdiction on certain lands within the original exterior boundary of the Uintah...

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