NAVAJO NATION v. PEABODY HOLDING CO., INC.

No. CIV.A. 99-469(EGS).

209 F.Supp.2d 269 (2002)

THE NAVAJO NATION, et al., Plaintiffs, v. PEABODY HOLDING COMPANY, INC., et al., Defendants.

United States District Court, District of Columbia.

June 24, 2002.


Attorney(s) appearing for the Case

Samuel J. Buffone, Kelly B. Kramer, William M. Carter, Jr., Ropes & Gray, Washington, DC, Britt E. Clapham, II, Levon Henry, John Rutherford, Navajo Nation Dept. of Justice, Window Rock, AZ, Paul E. Frye, Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Frye, Albuquerque, NM, for Navajo Nation.

Peter Buscemi, Brad Fagg, Morgan, Lewis & Bockius, Washington, D.C. Vernon Thomas Lankford, Jr., Lankford & Coffield, PLLC, Alexandria, VA. Terry Reed, Reed Law Firm, Alexandria, VA, for Peabody Holding Co., Inc., Peabody Coal Co., Peabody Western Coal Co., Gregory J. Leisse, Edward L. Sullivan.

Richard Harper Saltsman, William R. Sherman, Washington Lawyers' Committee, Washington, DC, James Francis Hibey, Howrey Simon Arnold & White, LLP, Washington, DC, for Salt River Project Agric. Improvement & Power Dist.

Antonia B. Ianniello, Reid Henry Weingarten, Paul Robert Hurst, Steptoe & Johnson, Washington, D.C., Shannen Wayne Coffin, Alexandria, VA, for Southern California Edison Co.

Irvin Bertram Nathan, Joel M. Gross, Arnold & Porter, Washington DC, James E. Scarboro, Michael A. Saul, Arnold & Porter, Denver, CO, Timothy R. Macdonald, Arnold and Porter, Denver, CO, for the Hopi Tribe.


MEMORANDUM OPINION AND ORDER

SULLIVAN, District Judge.

The parties to this action have been actively involved in its litigation for the past two and a half years. The case is in a unique procedural posture, as many of the claims asserted by Navajo Nation and the Hopi Tribe against the defendants are at issue in a lawsuit filed by the Navajo Nation in the Federal Circuit against the United States. The Supreme Court recently granted the United States...

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