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STATE OF CAL. v. HARVIER

No. 80-5323.

700 F.2d 1217 (1983)

STATE OF CALIFORNIA, Plaintiff-Appellant, v. Vincent HARVIER, as Chairman of Quechan Tribal Council; George Bryant, William Curran, Joseph Jackson, Anderson Miguel, Jr., and Rebecca Ramirez, as members of Quechan Tribal Council; Neil Hill, as Fish and Game Warden for Quechan Tribe of Indians, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1983.

Attorney(s) appearing for the Case

Roderick E. Walston, Deputy Atty. Gen., San Francisco, Cal., for plaintiff-appellant.

Charles Scott, Jr., Eugene R. Madrigal, Calif. Indian Legal Serv., Escondido, Cal., for defendants-appellees.

Before NORRIS and REINHARDT, Circuit Judges, and HAUK, District Judge.

REINHARDT, Circuit Judge:

California brought this action under 28 U.S.C. § 2201 (Supp.IV 1980) for a declaratory judgment against the chairman and certain members of the Quechan Tribal Council, and the fish and game warden for the Quechan Tribe of Indians. The state sought a declaration that it was empowered, under "federal Indian law," to apply and enforce its fish and game laws against non-Indians hunting and fishing on the Quechan reservation. California alleged...

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