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UNITED STATES EX REL. CHUNIE v. RINGROSE

No. 85-5508.

788 F.2d 638 (1986)

UNITED STATES of America, ex rel. CHUNIE (Frances S. Herrera), the Brotherhood of the Tomol, Inc., a California corporation, and all Chumash descendants similarly situated, Plaintiffs-Appellants, v. Marie RINGROSE, Ilda McGuinness, Pier Gherini, Frances Gherini, the Nature Conservancy, a District of Columbia non-profit corporation, Santa Cruz Island Company, a California corporation, Alexander Lennox Vail, James Vail Wilkinson, Nathan Russell Vail, Margaret Vail Woolley, and the Vickers Company, Ltd., a California Corporation; and the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 29, 1986.

As Amended May 5, 1986.

Attorney(s) appearing for the Case

Mario Gonzalez, Sidney C. Flores, Flores, Luna & Barrios, San Jose, Cal., for plaintiffs-appellants.

Jill S. Slater, Latham & Watkins, Robert Willett, O'Melveny & Myers, Los Angeles, Cal., Bruce S. Flushman, Deputy Atty. Gen., San Francisco, Cal., Gytis L. Nefas, Kazemzadeh, Jacobs & Nefas, Rosemead, Cal., for defendants-appellees.

Before FLETCHER, PREGERSON and CANBY, Circuit Judges.

FLETCHER, Circuit Judge:

Plaintiff Chunie, Frances S. Herrera, a Chumash Indian, and plaintiff The Brotherhood of the Tomol, Inc., representing the coastal band of Chumash Indians in its governmental capacity, appeal the district court's dismissal of their claim for unlawful trespass and conversion of the Santa Barbara Islands and surrounding channel beds. The plaintiffs allege that they were never divested of their aboriginal Indian title to the islands. The individually...

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