Ninth Circuit Holds Strate Governs Navajo Civil Jurisdiction over Nonmembers on State Highways

Here is the unpublished memorandum. An excerpt:

Appellants conceded at oral argument that the Navajo Nation has not retained the right to exclude nonmembers on U.S. Highway 160. Consequently, the highway is the equivalent of non-Indian fee land for jurisdictional purposes, and this case is governed by Strate v. A-1 Contractors, 520 U.S. 438 (1997). See Strate, 520 U.S. at 455-56.

Briefs and oral argument materials here.

Federal district court materials here.

Tribal court materials here.

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