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YAVAPAI-PRESCOTT INDIAN TRIBE v. WATT

No. CIV 80-464 PCT CLH.

528 F.Supp. 695 (1981)

YAVAPAI-PRESCOTT INDIAN TRIBE, Petitioner, v. James G. WATT, as Secretary of the Interior, et al., Respondents.

United States District Court, D. Arizona.

December 21, 1981.

Attorney(s) appearing for the Case

Philip E. Toci, Toci, Murphy & Beck, Prescott, Ariz., for petitioner.

George B. Nielsen, Jr., Asst. U. S. Atty., Phoenix, Ariz., for U. S.

Thomas J. Reilly, Snell & Wilmer, Phoenix, Ariz., for Marlin D. Kuykendall.

MEMORANDUM OPINION AND ORDER

HARDY, District Judge.

Two questions have been presented to the Court:

1. Does this Court have subject-matter jurisdiction of an appeal from a ruling of the Interior Board of Indian Appeals (the Board)? It does.

2. Was the Board correct in ruling that a lease of Indian trust lands for business purposes pursuant to 25 U.S.C. § 415 (1976) could not be cancelled without the approval of the Secretary of Interior...

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