Hagen v. Utah, 510 U.S. 399, 3 (1994)

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Cite as: 510 U. S. 399 (1994)

Opinion of the Court

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Kennedy, Thomas, and Ginsburg, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Souter, J., joined, post, p. 422.

Martin E. Seneca, Jr., argued the cause for petitioner. With him on the briefs was Daniel H. Israel.

Ronald J. Mann argued the cause for the United States as amicus curiae urging reversal. With him on the briefs were Solicitor General Days, Acting Assistant Attorney General Flint, Acting Deputy Solicitor General Kneedler, Edward J. Shawaker, and Martin W. Matzen.

Jan Graham, Attorney General of Utah, argued the cause for respondent. With her on the brief were Carol Clawson, Solicitor General, and Michael M. Quealy, Assistant Attorney General.*

Justice O'Connor delivered the opinion of the Court.

In this case we decide whether the Uintah Indian Reservation was diminished by Congress when it was opened to non-Indian settlers at the turn of the century. If the reservation has been diminished, then the town of Myton, Utah, which lies on opened lands within the historical boundaries of the reservation, is not in "Indian country," see 18 U. S. C.

*Robert S. Thompson III, Sandra Hansen, and Jeanne S. Whiteing filed a brief for the Ute Indian Tribe as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the State of South Dakota et al. by Mark Barnett, Attorney General of South Dakota, and John P. Guhin, Deputy Attorney General, and for the Attorneys General of their respective States as follows: Grant Woods of Arizona, Daniel E. Lungren of California, Marc Racicot of Montana, Frankie Sue Del Papa of Nevada, and Susan B. Loving of Oklahoma; for Duchesne County, Utah, by Herbert Wm. Gillespie and Jesse C. Trentadue; for Fremont County, Wyoming, et al. by James M. Johnson; for Uintah County, Utah, by Tom D. Tobin and Kenn A. Pugh; and for the Council of State Governments et al. by Richard Ruda and Charles Rothfeld.

Briefs of amici curiae were filed for the Navajo Nation by Paul E. Frye; and for Roosevelt City by Craig M. Bunnell.


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