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MASAYESVA v. ZAH

No. CIV 74-842 PCT EHC.

792 F.Supp. 1165 (1992)

Vernon MASAYESVA, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on behalf of the Hopi Indian Tribe, Plaintiff, v. Peterson ZAH, Chairman of the Navajo Tribal Council of the Navajo Indian Tribe, for and on behalf of the Navajo Indian Tribe, Defendant, v. Evelyn JAMES, et al., Intervenors.

United States District Court, D. Arizona.

March 12, 1992.

Attorney(s) appearing for the Case

James E. Scarboro, David C. Warren, Richard P. Barkley, Arnold & Porter, Denver, Colo., for plaintiff.

Terry E. Fenzl, Amy J. Gittler, Brown & Bain, P.A., Phoenix, Ariz., for defendant.

K. Jerome Gottschalk, Robert M. Peregoy, Edgar T. Bristow, Native American Rights Fund, Boulder, Colo., for intervenors.

ORDER

CARROLL, District Judge.

The Navajo Nation filed a Motion for Partial Summary Judgment as to parcels which had been allotted and patents issued to individual Indians; the Hopi Tribe cross-motioned, asserting that additional allotments had been patented. The parties agreed that these parcels were excluded from the scope of this litigation. 25 U.S.C. § 640d-16(a) specifically exempts patented allotments:

[N]othing in this Act shall...

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