Zuni Tribe of New Mexico v. United States

The issue presented is whether the trial judge erred in refusing to consider plaintiffs pretrial motion for an order specifying it need not prove exclusive use at trial to succeed on the merits. The trial judge viewed that motion as beyond her purview and referred it here. For the reasons discussed herein, we take no position on the merits of plaintiffs motion, but do reverse and hold that the motion was properly before the trial judge. The matter is therefore remanded in accordance with the procedure discussed here.

Section 2(a) of the Act of May 15,1978, Pub.L. No. 95-280, 92 Stat. 44 (Act),…