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U.S. EX REL. BUXBOM v. NAEGELE OUTDOOR ADVERTISING

No. 83-6020.

739 F.2d 473 (1984)

UNITED STATES of America ex rel. Seymour BUXBOM, Plaintiff-Appellee, v. NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC., a California corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted May 2, 1984.

Decided August 3, 1984.

Attorney(s) appearing for the Case

Sprague Wheeler, Maxwell, Wright & Wheeler, Pasadena, Cal., Blake Andrew Watson, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Richard Cross, Best, Best & Krieger, Riverside, Cal., Barbara E. Karshmer, Frampton, Karshmer & Kesselman, Fresno, Cal., for defendant-appellant.

Before BROWNING, GOODWIN, and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

Naegele appeals from summary judgment granted to Buxbom on a claim under 25 U.S.C. § 81 (1982). Because of recent action taken by the Bureau of Indian Affairs, we now reverse with instructions to enter judgment against Buxbom and to dismiss the action.

In March of 1978, the Morongo Band of Indians and Naegele Outdoor Advertising Company entered into a ten-year agency agreement under which Naegele would construct and maintain billboards...

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