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EL PASO NATURAL GAS CO. v. NEZTSOSIE

Nos. 96-17121, 96-17139.

136 F.3d 610 (1998)

EL PASO NATURAL GAS COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. Laura NEZTSOSIE; Arlinda Neztsosie, Defendants-Appellees. CYPRUS FOOTE MINERAL COMPANY, a Pennsylvania Corporation; Cyprus Amax Mineral Company, a Delaware Corporation, Plaintiffs-Appellants, v. Zonnie Marie Dandy RICHARDS, individually and as representative of the Estate of Harold J. Richards, Sr., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1998.

As Amended on Denial of Rehearing and Rehearing April 27, 1997.

Attorney(s) appearing for the Case

Tom Galbraith, Lewis and Roca, LLP, O'Connor, Cavanagh, Anderson, Westover, Killingsworh & Beshears, and Bryan Cave, Phoenix, AZ, for plaintiffs-appellants.

Seth Richard Lesser, Bernstein Litowitz, Berger & Grossmann, LLP, New York City, Cherie V. Daut, Shiprock, New Mexico and Melat, Pressman, Ezell & Higbie, Colorado Springs, CO, for defendants-appellees.

Before: PREGERSON, FERGUSON, and KLEINFELD, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 27, 1997.*

PREGERSON, Circuit Judge:

Members of the Navajo Nation (the "Navajo Court Plaintiffs") filed two separate actions in Navajo Tribal Court against corporations that conducted uranium mining operations on the Navajo Nation Reservation. The Navajo Court Plaintiffs alleged personal injury and wrongful death claims based on Navajo common law. In response to those...

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