Norman M. Littell v. Raymond Nakai

This appeal involves a question of the jurisdiction of the United States District Court over a suit brought by a non Indian against a member of the Navajo Tribe of Indians.

Norman M. Littell, the plaintiff-appellant, is the General Counsel and Claims Attorney of the Navajo Tribe; he has held that position for over 16 years, and his present retainer, evidenced by a written contract duly approved by the Secretary of the Interior and Commissioner of Indian Affairs, as required by 25 U.S.C. § 81 , does not expire until August 7,1967. He is a resident of Maryland.

Raymond Nakai, the defendant-appel-lee, is the Chairman of the Navajo Tribal Council. He was elected to that position by popular vote in March, 1963. He is a resident of Arizona.

Littell commenced this suit in the United States District Court for the District of Arizona, to secure an injunction against Nakai. The gravamen of his complaint was Nakai’s alleged tortious interference with Littell’s performance of the contract. He alleged that Nakai sought to have him removed as General Counsel by the Secretary of the Interior; that Nakai has prevented him from appearing before the Tribal Council when in session and, at…