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COLORADO RIVER INDIAN TRIBES v. TOWN OF PARKER

No. 84-1970.

776 F.2d 846 (1985)

COLORADO RIVER INDIAN TRIBES, an Indian Tribe, Plaintiff-Appellant, v. TOWN OF PARKER, a municipal corporation; Nell B. Kulp; Sam Davis; Ronald L. Morris; Arthur B. Fox; Lloyd E. Gorrell; Lavelle McIntire; and Frank Solper, in their official capacities as Members of the Common Council of the Town of Parker; and John J. Oross, in his official capacity as Town Clerk of the Town of Parker, Defendants-Appellees. TOWN OF PARKER, a municipal corporation, Counterclaimant-Appellee, v. COLORADO RIVER INDIAN TRIBES, an Indian Tribe; Anthony Drennan, Sr.; Harry Laffoon, Sr.; Elliott L. Booth; Constance Zeyouma; Gladys Scott; Jesse W. Fisher; Mamie Harper; Franklin McCabe, Jr.; and Dennis Patch, Counterdefendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 15, 1985.

Attorney(s) appearing for the Case

Alleta d'A Belin, Shute, Milhaly & Weinberger, San Francisco, Cal., for plaintiff-appellant.

Frederick J. Martone, Jennings, Strouss & Salmon, Phoenix, Ariz., for defendants-appellees.

Before WALLACE and POOLE, Circuit Judges, and BREWSTER, District Judge.

POOLE, Circuit Judge:

The Colorado Indian Tribe and the Town of Parker, Arizona, are involved in a jurisdictional dispute over the regulation of liquor on fee-patented lands in Parker and on rights of way through the Colorado Indian Reservation. At the Town's request, the district court enjoined the Tribe from enforcing its liquor ordinance on those lands. The Tribe appeals from that grant of a preliminary injunction. We reverse.

I.

In December 1983...

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