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A & A CONCRETE, INC. v. WHITE MOUNTAIN APACHE TRIBE

No. 80-5272.

676 F.2d 1330 (1982)

A & A CONCRETE, INC., et al., Plaintiffs-Appellants, v. The WHITE MOUNTAIN APACHE TRIBE, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 13, 1982.

Attorney(s) appearing for the Case

John P. Otto, Phoenix, Ariz., argued, for plaintiffs-appellants; Philip C. Gerard, Johnson & Gerard, P. C., Phoenix, Ariz., on brief.

Stefani Gabroy, Tucson, Ariz., argued, for defendants-appellees; Michael J. Brown, Tucson, Ariz., on brief.

Before DUNIWAY and FERGUSON, Circuit Judges, and KELLAM, District Judge.

DUNIWAY, Circuit Judge:

Appeal from a judgment dismissing the amended complaint and the action under Rule 12(b) F.R.Civ.P. for "want of jurisdiction." The first two counts of the complaint, which is in five counts, attempt to state claims under 42 U.S.C. § 1983 (Count I) and § 1985(2) and (3) (Count II). The other three counts attempt to state pendent claims under state law. We reverse as to Count I and affirm as to Count II. We express no opinion about...

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