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PELT v. UTAH

Nos. 06-4046, 06-4164.

539 F.3d 1271 (2008)

Jake C. PELT; Dan Benally; Jim Benally; Helen Cly; Fred Johnson, Plaintiffs-Counter-Defendants-Appellees, Wallace Saltclah; Harrison Johnson; Kenneth Maryboy; Corey N. Johnson; Leo Manheimer; Nancy A. Tsosie, Plaintiffs-Intervenors-Appellees, v. State of UTAH, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 3, 2008.

Attorney(s) appearing for the Case

Debra J. Moore, Assistant Utah Attorney General (Philip S. Lott and Reha Deal, Assistant Utah Attorneys General, and Mark L. Shurtleff, Utah Attorney General, with her on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Brian M. Barnard, Utah Legal Clinic, Salt Lake City, UT, for Plaintiffs-Appellees.

Before LUCERO and MURPHY, Circuit Judges, and ROBINSON, District Judge.

ROBINSON, District Judge.

This appeal involves an oil and gas royalty fund that the State of Utah ("Utah") is required to administer for the benefit of members of the Navajo Nation living in San Juan County, Utah. In this class action, beneficiaries of the Navajo Trust Fund (the "Beneficiaries") seek a fiduciary accounting of trust fund activities from Utah. In proceedings below, Utah unsuccessfully argued that all or a portion of the Beneficiaries' claim was precluded...

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