Hot Oil Service, Inc. v. Hall

366 F.2d 295 HOT OIL SERVICE, INC., a New Mexico corporation, doing business as Graves Oil Company, Appellant, v. Winifred Becenti HALL, individually and Winifred Becenti Hall as Administratrix of the Estate of Joe Hall, Appellee. No. 20248. United States Court of Appeals Ninth Circuit. Sept. 14, 1966, Rehearing Denied Oct. 25, 1966. Earl Carroll, Evans, Kitchel & Jenckes, Phoenix, Ariz., James L. Brown, Farmington, N.M., for appellant. Favour & Quail, Prescott, Ariz., for appellee. Before MERRILL, BROWNING, and ELY, Circuit Judges. ELY, Circuit Judge: 1 This is an appeal from dismissal of a complaint for lack of jurisdiction. Our jurisdiction is conferred by 28 U.S.C. 1291. 2 Appellant, plaintiff below, is a New Mexico corporation. Appellee is an Indian woman, a member of the Navajo tribe, and was sued both in her individual capacity and as administratrix of her late husband's estate. Her husband was a non-Indian citizen of the United States, a resident, prior to his death, of the State of Arizona. His estate is being administered by an Arizona court. 3 Appellee, individually, had leased certain Arizona property from her tribe. She then leased the property to appellant.…