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YANITO v. BARBER

Civ. No. C 220-72.

348 F.Supp. 587 (1972)

Ben YANITO and Seth Bigman, Plaintiffs, v. Clytie BARBER, individually and in her capacity as County Clerk of San Juan County, Utah, Defendant.

United States District Court, D. Utah, C. D.

September 20, 1972.

Attorney(s) appearing for the Case

Thomas E. Luebben, Jr., Native American Legal Defense and Education Fund, Albuquerque, N. M., and Richard W. Hughes, Shiprock, New Mexico, for plaintiffs.

Vernon B. Romney, Atty. Gen., State of Utah, and Frank V. Nelson, Asst. Atty. Gen., Salt Lake City, Utah, for defendant.

Before DOYLE, Circuit Judge, RITTER, Chief District Judge, and ANDERSON, District Judge.

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, Circuit Judge.

In this action plaintiffs, Navajo Indians, seek recovery for alleged violation of their civil rights. They have invoked 28 U.S.C. §§ 1331 and 1343(3) and 42 U.S.C. § 1983.

Pursuant to 28 U.S.C. §§ 2281 and 2284 et seq. a three-judge district court has been convened. The matter has been heard, including the presentation of evidence, and the cause now stands submitted...

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