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HEALING v. JONES

Civ. No. 579.

210 F.Supp. 125 (1962)

Dewey HEALING, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on Behalf of the Hopi Indian Tribe, Including All Villages and Clans Thereof, and on Behalf of Any and All Hopi Indians Claiming Any Interest in the Lands Described in the Executive Order Dated December 16, 1882, Plaintiff, v. Paul JONES, Chairman of the Navajo Tribal Council of the Navajo Indian Tribe for and on Behalf of the Navajo Indian Tribe, Including All Villages and Clans Thereof, and on Behalf of Any and All Navajo Indians Claiming Any Interest in the Lands Described in the Executive Order Dated December 16, 1882; Robert F. Kennedy, Attorney General of the United States, on Behalf of the United States, Defendants.

United States District Court D. Arizona.

September 28, 1962.

Attorney(s) appearing for the Case

John S. Boyden, Allen H. Tibbals and Bryant H. Croft, Salt Lake City, Utah, for plaintiff.

Norman M. Littell, Washington, D. C., Joseph F. McPherson and Walter F. Wolfe, Jr., Window Rock, Ariz., for defendant.

Charles A. Muecke, U. S. Atty., Phoenix, Ariz., Mary Anne Reimann, Asst. U. S. Atty., Phoenix, Ariz., for the United States.

Before HAMLEY, Circuit Judge, and YANKWICH and WALSH, District Judges.

HAMLEY, Circuit Judge.

We have for determination in this action the conflicting claims of the Hopi and Navajo Indians in and to Indian reservation lands situated in northeastern Arizona.

These lands, consisting of some 2,500,000 acres, or 3,900 square miles, were withdrawn from the public domain under an executive order signed by President Chester A. Arthur on December 16, 1882. In that order it was provided that this rectangular tract, about seventy miles...

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