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CABAZON BAND OF MISSION INDIANS v. CITY OF INDIO

No. 81-5439.

694 F.2d 634 (1982)

The CABAZON BAND OF MISSION INDIANS, Plaintiff-Appellant, v. The CITY OF INDIO, CALIFORNIA and C. Samuel Cross, individually and in his official capacity as Chief of Police, City of Indio, California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1982.

Attorney(s) appearing for the Case

Glenn M. Feldman, Abourezk, Shack & Mendenhall, Washington, D.C., for plaintiff-appellant.

J. Nicholas Counter, III, Los Angeles, Cal., argued, for defendants-appellees; William Cole, Los Angeles, Cal., on brief.

Before HUG, TANG and PREGERSON, Circuit Judges.

TANG, Circuit Judge:

Plaintiffs sued for declaratory and injunctive relief to prohibit the enforcement of portions of certain local ordinances by the City of Indio on plaintiff's Indian reservation, which Indio purportedly annexed. On cross-motions for summary judgment the district court granted defendants' motion. We reverse.

FACTS

The Cabazon Band of Mission Indians is a federally recognized Indian tribe. Its governing body is recognized by, and...

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