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BACIARELLI v. MORTON

No. 71-2975.

481 F.2d 610 (1973)

Elverna Yevonne Clairmont BACIARELLI, Plaintiff-Appellant, v. Rogers C. B. MORTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 15, 1973.

Attorney(s) appearing for the Case

Roderic Duncan, of Lempres, Duncan, & Morgan, Oakland, Cal., for plaintiff-appellant.

Kent Frizzell, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., James L. Browning, U. S. Atty., David E. Golay, Asst. U. S. Atty., San Francisco, Cal., Robert S. Lynch, Henry J. Bourguignon, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before KOELSCH, TRASK and CHOY, Circuit Judges.

OPINION

PER CURIAM:

Appellant Baciarelli was born in 1936 to enrolled members of the Confederated Salish and Kootenai Tribes (Tribes). Two unsuccessful attempts to enroll appellant in the Tribes were made in 1947 and 1950. In 1960 the membership provisions of the tribal constitution were amended creating categories for future membership and adoption.1 Once more in 1967 Baciarelli applied...

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