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RUMSEY INDIAN RANCHERIA OF WINTUN IND. v. WILSON

Nos. 93-16609, 93-16745.

64 F.3d 1250 (1994)

RUMSEY INDIAN RANCHERIA OF WINTUN INDIANS; Table Mountain Rancheria; Cher-Ae Heights Indian Community of the Trinidad Rancheria; San Manual Band of Mission Indians, Viejas Reservation of the Capitan Grande Band of Diegueno Mission Indians and Hopland Band of Pomo Indians; Barona Band of Mission Indians; Sycuan Band of Mission Indians; Agua Caliente Band of Cahuilla Indians, Plaintiffs-Appellees, v. Pete WILSON, Governor; State of California, Defendants-Appellants. RUMSEY INDIAN RANCHERIA OF WINTUN INDIANS; Table Mountain Rancheria; Cher-Ae Heights Indian Community of the Trinidad Rancheria; San Manual Band of Mission Indians, Viejas Reservation of the Capitan Grande Band of Diegueno Mission Indians and Hopland Band of Pomo Indians; Wintun Indians; San Manual Band of Mission Indians; Cabazon Band of Mission Indians; The Santa Ynez Band of Chumash Mission Indians of the Santa Ysabel Reservation, California; Viejas Reservation of the Capitan Grande Band of Diegueno Mission Indians; San Manual Band of Mission Indians; The Hopland Band of Pomo Indians; The Sycuan Band of Mission Indians; The Morongo Band of Mission Indians; The Santa Rosa Band of Tache Indians; The Cachil Dehe Band of Wintun Indians of the Colusa Indian Community; The Soboba Band of Cahuilla Mission Indians; The Robinson Band of Pomo Indians; The Agua Caliente Band of Cahuilla Indians; and The Barona Group of the Capitan Grande Band of Mission Indians, Plaintiffs-Appellees-Cross-Appellants, v. Pete WILSON, Governor; State of California, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 15, 1994.

As Amended on Denial of Rehearing and Rejection of Suggestion for Rehearing August 11, 1995.

Attorney(s) appearing for the Case

Howard L. Dickstein, Dickstein & Merin, Sacramento, CA; Art Bunce, Escondido, CA; George Forman, Alexander & Karshmer, Berkeley, CA, for plaintiffs-appellees-cross-appellants.

Manuel M. Medeiros, Deputy Atty. Gen., Sacramento, CA, for defendants-appellants-cross-appellees.

Before: WALLACE, Chief Judge; O'SCANNLAIN, Circuit Judge; KELLEHER, District Judge.

As Amended on Denial of Rehearing and Rejection of Suggestion for Rehearing En Banc August 11, 1995.

Opinion by Judge O'SCANNLAIN; Concurrence by Chief Judge WALLACE; Dissent to Order by Judge CANBY; Concurrence to Dissent by Judges FERGUSON and NORRIS.

ORDER

The opinion filed on November 15, 1994 at slip op. 13873 is amended as follows:

[Editor's Note: Amendments incorporated for purpose of publication.]

The panel has voted to deny...

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