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SMITH v. UNITED STATES

Nos. C 74 1016 WTS, C 74 1061 WTS.

515 F.Supp. 56 (1978)

Roger SMITH, as Administrator of the Estate of Ellerick Smith, et al., Plaintiff, v. UNITED STATES of America, et al., Defendants. Cynthia DANIELS, et al., Plaintiffs, v. Cecil D. ANDRUS, Secretary of the Interior, et al., Defendants.

United States District Court, N. D. California.

March 29, 1978.

Attorney(s) appearing for the Case

George Forman, Oakland, Cal., David J. Rapport, Lester J. Marston, Charles Scott, Cal. Indian Legal Services, Ukiah, Cal., for plaintiffs in both cases.

David E. Golay, Asst. U. S. Atty., San Francisco, Cal., for federal defendants in both cases.

Julie A. Torres, Law Offices of Ronald E. Hothem, San Francisco, Cal., for County of Mendocino, No. C 74 1016 WTS.

Lester J. Marston, Pamela S. Williams, David J. Rapport, Cal. Indian Legal Services, Ukiah, Cal., Bruce J. Friedman, George Forman, Cal. Indian Legal Services, Oakland, Cal., for intervening plaintiffs, No. C 74 1016 WTS.

Leslie R. Perry, McCarthy & Perry, Santa Rosa, Cal., for Hopland Nakomis Assn. and the named officers of said association, in No. C 74 1061 WTS.

Lee S. Adams, Deputy Dist. Atty., County of Mendocino, Ukiah, Cal., for Superior Court of Mendocino County, in No. C 74 1061 WTS.

MEMORANDUM OF DECISION

SWEIGERT, District Judge.

These two related actions, involving as the primary issue the question whether the United States government unlawfully terminated the Hopland Rancheria (the "Rancheria") located in Mendocino County, California, have been brought by Indian people of the Rancheria and are presently before the court on plaintiffs' motion for partial summary judgment.

I. THE RECORD AND THE SUMMARY JUDGMENT MOTIONS...

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