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HEIN v. CAPITAN GRANDE BAND OF DIEGUENO MISSION

No. 98-56182.

201 F.3d 1256 (2000)

Lewis HEIN; Colleen Dotson; Sylvia Darby-Jodon; Andrew Hein; Jason Helmer; Frank Lunning, Jr.; Mary Lunning-Fein; Debra Padilla; Paul Phipps, Jr.; Christopher Provinzano; and Helen Rust, individually and as representatives of Defendant Capitan Grande, Plaintiffs-Appellants, v. CAPITAN GRANDE BAND OF DIEGUENO MISSION INDIANS, a federally recognized tribe; Barona Group of the Capitan Grande Band, an unincorporated association; Clifford LaChappa, Sr., individually and as Chairman of the Barona Group; John and Jane Does 1-15, members of the Tribal Council of the Barona Group; Viejas Group of the Capitan Grande Band, an unincorporated association; Anthony Pico, individually and as chairman of the Viejas Group; John and Jane Does 1-15, members of the Tribal Council of the Viejas Group; United States of America; Bruce Babbitt, in his capacity as Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 2000.

Attorney(s) appearing for the Case

Joe B. Cordileone, Law Offices of Joe B. Cordileone, San Diego, California, for the plaintiffs-appellants.

Art Bunce, Law Offices of Art Bunce, Escondido, California, for the defendants-appellees.

Before: REAVLEY, REINHARDT, and McKEOWN, Circuit Judges.

REINHARDT, Circuit Judge:

Plaintiffs Hein and other members of the Splinter Group of the Capitan Grande Band of Diegueno Mission Indians (hereinafter "plaintiffs") appeal from the district court's decision granting defendant the Barona Group's motion to dismiss on the basis of lack of subject matter jurisdiction and tribal sovereign immunity. We agree with the district court that it lacked subject matter jurisdiction over plaintiffs' claims brought directly under...

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