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SCHOLDER v. UNITED STATES

No. 24306.

428 F.2d 1123 (1970)

Alex SCHOLDER, Individually and on behalf of others similarly situated, Pala Band of Mission Indians and Rincon Band of Mission Indians, individually and on behalf of others similarly situated, Appellants, v. UNITED STATES of America, Department of the Interior, Bureau of Indian Affairs, Stewart L. Udall, Secretary of the Interior, Robert L. Bennett, Commissioner, Bureau of Indian Affairs, William E. Finale, Director, Sacramento Office, Bureau of Indian Affairs, and Jess T. Town, Field Representative, Riverside, California Area Field Office, Bureau of Indian Affairs, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 23, 1970.

Attorney(s) appearing for the Case

Richard B. Collins, Jr., for Alex Scholder.

George F. Duke, Lee J. Sclar, of California Indian Legal Services, Berkeley, Cal., David H. Getches, Escondido, Cal., for Rincon Band of Mission Indians.

Robert S. Pelcyger of California Indian Legal Services, Escondido, Cal., Alexander, Inman & Fine, Beverly Hills, Cal. for Pala Band of Mission Indians.

George R. Hyde, Atty., Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Lands & Natural Resources Division, Miles Flint, Civil Division, U. S. Dept. of Justice, Washington, D. C., Charles J. Fanning, Asst. U. S. Atty., Edwin L. Miller, Jr., U. S. Atty., San Diego, Cal., for appellees.

Before BROWNING, DUNIWAY and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge.

The Indian appellants, Scholder and the class of individual Indians he represents and the Pala and Rincon Bands, brought suit challenging the authority of the Bureau of Indian Affairs to expend funds appropriated for Indian irrigation systems to build an irrigation lateral on non-Indian land within the Pala Indian Irrigation Project and to charge a pro rata portion of the construction cost to Indian lands in the project. Scholder is an Indian...

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