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ASHCROFT v. UNITED STATES DEPT. OF INT.

Civ. Nos. 78-142, 78-396 PHX-EHC.

513 F.Supp. 595 (1981)

Norman ASHCROFT, dba Querino Canyon Superette; Clyde A. Baker, dba Baker Chevron; Everett Edmunds & Wayne Harris, dba Ganado Chevron; Richard Harris, dba Two Story Trading Post; Mrs. Lester (Anna) Lee; Jim McAvoy, dba St. Michaels Towing; Dwight McGee, dba Aneth Trading Post; Armond Ortega, dba Indian Ruins; Freddy Slatton, dba Tomahawk Indian Store; Brady Smithson, dba Burnt Water Trading Post; Homer Thompson dba Tuller Cafe; and Arthur Keenan, Plaintiffs, v. The UNITED STATES DEPARTMENT OF INTERIOR; the Honorable Cecil D. Andrus, Secretary of the Department of Interior; and the Bureau of Indian Affairs, an agency of the United States of America and a Division of the Department of Interior, Defendants. ATKINSON'S LTD. OF ARIZONA, an Arizona corporation, d/b/a Gilbert Ortega's Cameron Trading Post, Plaintiff, v. The UNITED STATES of America and the Honorable Cecil D. Andrus, Secretary of the Interior, Defendants.

United States District Court, D. Arizona.

March 17, 1981.

Attorney(s) appearing for the Case

Jon T. Kwako and David L. Norvell, Albuquerque, N.M., for plaintiff Ashcroft.

Eaves & Darling, P. A. by William J. Darling, Albuquerque, N. M., for Atkinson's.

Michael D. Hawkins, U. S. Atty. by James P. Loss, Asst. U. S. Atty., Phoenix, Ariz., for defendants.

OPINION AND ORDER

CARROLL, District Judge.

These consolidated actions for declaratory and injunctive relief were brought by Plaintiffs as owners or lessees of property owned in fee simple by non-Indians and surrounded by the Navajo Indian Reservation, against The United States, the Secretary of Interior and the Bureau of Indian Affairs (BIA) as a result of the BIA attempting to apply and enforce against the Plaintiffs, regulations concerning trade on the...

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