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WANA THE BEAR v. COMMUNITY CONSTRUCTION, INC.

Docket No. 20044.

128 Cal.App.3d 536 (1982)

180 Cal. Rptr. 423

WANA THE BEAR, Plaintiff and Appellant, v. COMMUNITY CONSTRUCTION, INC., Defendant and Respondent.

Court of Appeals of California, Third District.

February 8, 1982.

Attorney(s) appearing for the Case

COUNSEL

Drivon & Bakerink, Larry Drivon and Michael J. Barkett, Jr., for Plaintiff and Appellant.

Cohen & Ziskin, Terry S. Kaplan and Jacob N. Segura for Defendant and Respondent.

OPINION

BLEASE, J.

Plaintiff Wana the Bear, a direct descendant of the Bear People Lodge of the Miwok Indians, seeks reversal of a judgment that the Native American burial ground under development by defendant Community Construction, Inc., is not a cemetery entitled to protection under the California cemetery law.

This case comes to us shrouded in the history of an ancient Indian people whose remains, bulldozed from their...

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