AGUA CALIENTE BAND OF MISSION IND. v. COUNTY OF RIVERSIDE

No. 25298.

442 F.2d 1184 (1971)

The AGUA CALIENTE BAND OF MISSION INDIANS, by and through its Tribal Council, et al., Appellants, v. The COUNTY OF RIVERSIDE, a political Subdivision of the State of California, Appellee.

United States Court of Appeals, Ninth Circuit.

May 12, 1971.


Attorney(s) appearing for the Case

Raymond Simpson (argued) of Simpson & Rehkop, Long Beach, Cal., Lewis, Roca, Beauchamp & Linton, Phoenix, Ariz., for appellants.

Steven A. Broiles (argued), Deputy County Counsel, Ray T. Sullivan, Jr., County Counsel, Richard J. Lawrence, Deputy County Counsel, Riverside Cal., for appellee.

Evelle J. Younger, Cal. Atty. Gen., Ernest P. Goodman, Asst. Atty. Gen., Edward P. Hollingshead, Walter J. Wiesner, Deputy Attys. Gen., Sacramento, Cal., Robert S. Pelcyger, David H. Getches, Escondido, Cal., Minerva Jenkins, Chairman, Tribal Council, Needles, Cal., amicus curiae.

Before ELY and WRIGHT, Circuit Judges, and SMITH, District Judge.


RUSSELL E. SMITH, District Judge:

The Agua Caliente Band of Mission Indians (hereafter The Band),1 together with individual members of The Band (hereafter the Allottees) appeal from a judgment of the District Court, 306 F.Supp. 279, refusing to enjoin the imposition of the California Possessory Interest Tax2 on the lessees of...

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