UNC Resources, Inc. v. Benally
District Court, D. Arizona
1Opinion of the Court
OPINION
CORDOVA, District Judge.
This matter is before the Court on plaintiff’s application for preliminary injunction, to enjoin defendants from pursuing their claims in Navajo Tribal Court, and on defendants’ motion to dismiss for lack of jurisdiction. For the reasons below, the preliminary injunction will issue; the motion to dismiss will be granted in part.
FACTS
Plaintiff United Nuclear Corporation 1 owns and operates a uranium mill and tail ings pond near Churchrock, New Mexico. These facilities are located on fee land south of the Navajo reservation. On July 16, 1979 the containment…
2Cases cited23 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- United States v. WheelerSupreme Court of the United States · 1978
- Worcester v. GeorgiaSupreme Court of the United States · 1832
- Montana v. United StatesSupreme Court of the United States · 1981
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3Cited by15 opinions
- Kerr-McGee Corp. v. FarleyCourt of Appeals for the Tenth Circuit · 1997
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- Swift Transportation, Inc. v. JohnDistrict Court, D. Arizona · 1982
- Certain Underwriters at Lloyd's, London v. a & D Interests, Inc.District Court, S.D. Texas · 2002
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