MASHPEE TRIBE v. WATT

No. 82-1562.

707 F.2d 23 (1983)

MASHPEE TRIBE, et al., Plaintiffs, Appellants, v. James G. WATT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 23, 1983.


Attorney(s) appearing for the Case

Robert C. Hahn, Boston, Mass., with whom William A. Hahn, and Hahn & Matkov, Boston, Mass., were on brief, for plaintiffs, appellants.

James D. St. Clair, P.C., Boston, Mass., with whom William F. Lee, David H. Erichsen, Donald R. Frederico, Hale & Dorr, and Morris Kirsner, Boston, Mass., were on brief, for defendant, appellee Town of Mashpee.

Thomas R. Kiley, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., Paul R. Matthews, Asst. Atty. Gen., Canton, Mass., were on brief, for defendant, appellee Commonwealth of Massachusetts.

Before BOWNES and BREYER, Circuit Judges, and CAFFREY, District Judge.


PER CURIAM.

We have examined the record in this case and the prior case, Mashpee Tribe v. Town of Mashpee, 447 F.Supp. 940, 950 (D.Mass. 1978), aff'd sub nom. Mashpee Tribe v. New Seabury Corp., 592 F.2d 575 (1st Cir.), cert. denied, 444 U.S. 866, 100 S.Ct. 138, 62 L.Ed.2d 90 (1979), with care, and we have reached three conclusions. First, the decision in the prior case rested...

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