Hamilton v. Nakai

453 F.2d 152 (9th Cir. 1971)

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Nature of the Case

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Facts

The Hopi Indian Tribe sued the Navajo Indian Tribe under P.L. 85-547 to determine the rights and interests of the tribes in a reservation in Arizona that was established by an Executive Order in 1882. A three-judge panel held that, subject to the trust title of the U.S., the Hopi tribe had the exclusive interest in that part of the reservation within the boundaries of a land management district defined in 1943, and that both tribes had an undivided and equal interest in all remaining land outside the 1943 defined land. The Supreme Court affirmed this judgment. The Hopi tribe then petitioned the court for a writ of assistance to enforce its rights (listed on page 126 Re 5th edition). The District Court denied the petition and the Hopi appealed.