Pittsburg & Midway Coal Mining Company v. Kee Ike Yazzie, Roselyn D. John, Romero Brown, Lewis Calamity, Peter J. Korth, and David C. Brunt

STEPHEN H. ANDERSON, Circuit Judge.

This case raises the question of whether a 1907-08 addition to the Navajo Reservation of nearly 1.9 million acres in northwestern New Mexico was terminated by two Executive Orders issued in 1908 and 1911. * The plain tiff-appellant is the Pitts-burg and Midway Coal Mining Company (“P & M”), whose South McKinley mine is on the land in question and whose “source gains” from the mine’s coal sales are taxed by the defendant Navajo Tribe Tax Commission (“Tribe”). P & M has paid the tax under protest since 1986. Reply Brief at 20 n. 17. P & M filed an action in…