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SECAKUKU v. NAVAJO NATION

Civil No. 88-0931-PCT-BMV.

964 F.Supp. 1359 (1997)

Ferrell SECAKUKU, Chairman of the Hopi Tribal Council of the Hopi Tribe, Intervenor, v. The NAVAJO NATION, Defendant.

United States District Court, D. Arizona.

May 9, 1997.

Attorney(s) appearing for the Case

James E. Scarboro, Denver, CO, for Plaintiff.

Eric Dahlstrom, Phoenix, AZ, for Defendant.

MEMORANDUM and ORDER

VAN SICKLE, Senior District Judge.

I. Introduction

In January, 1996, the Ninth Circuit ruled that the Navajo Nation's Possessory Interest Tax (PIT) and Business Activity Tax (BAT) levied on Peabody Coal Company's mining operations in the former Joint Use Area (JUA) in northern Arizona were proceeds directly related to the coal jointly owned by the Navajo Nation and...

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