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FORT MOJAVE TRIBE v. SAN BERNARDINO COUNTY

No. 75-1485.

543 F.2d 1253 (1976)

The FORT MOJAVE TRIBE, by and through its Tribal Council in Class Action on behalf of all members of said Tribe, Plaintiff-Appellant, v. The COUNTY OF SAN BERNARDINO, a political subdivision of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 28, 1976.

Attorney(s) appearing for the Case

Raymond C. Simpson (argued), Palos Verdes Estates, Cal., for plaintiff-appellant.

Robert R. Walker, Deputy County Counsel (argued), San Bernardino, Cal., for defendant-appellee.

Before GOODWIN and SNEED, Circuit Judges, and KING, District Judge.

SNEED, Circuit Judge:

This case requires us to determine whether a possessory interest tax may be imposed on non-Indian lessees of property held in trust by the United States Government for reservation Indians. Five years ago we held, in Agua Caliente Band of Mission Indians v. County of Riverside, 442 F.2d 1184 (9th Cir. 1971), cert. denied, 405 U.S. 933, 92 S.Ct. 930, 30 L.Ed.2d 809 (1972), that such a tax was valid...

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