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MORONGO BAND OF M. INDIANS v. CAL. ST. BD. OF EQUAL.

Nos. 87-2320, 87-2371 and 87-2393.

849 F.2d 1197 (1988)

MORONGO BAND OF MISSION INDIANS, Plaintiff/Counterclaim-Defendant/Appellant, v. CALIFORNIA STATE BOARD OF EQUALIZATION; Richard Nevins, in his official capacity as Chairman of the State Board of Equalization; Conway H. Collis, in his official capacity as a member of the State Board of Equalization; Ernest J. Dronenburg, Jr., in his official capacity as a member of the State Board of Equalization; William M. Bennett, in his official capacity as a member of the State Board of Equalization, Defendants/Appellees, Clive Miller, Defendant/Counterclaimant/Appellant. MORONGO BAND OF MISSION INDIANS, Plaintiff/Counterclaim-Defendant/Appellee, v. CALIFORNIA STATE BOARD OF EQUALIZATION, et al., Defendants, and Clive Miller, Defendant/Counterclaimant/Appellant. MORONGO BAND OF MISSION INDIANS, Plaintiff/Appellee, v. CALIFORNIA STATE BOARD OF EQUALIZATION, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1988.

Attorney(s) appearing for the Case

George Forman, Alexander & Karshmer, Berkeley, Cal., for plaintiff/counterclaim-defendant/appellant/appellee Morongo Band of Mission Indians.

Julian O. Standen, Asst. Atty. Gen., San Francisco, Cal., for defendants/appellant/appellees California State Board of Equalization.

Robert C. Moest, Fisher & Moest, Los Angeles, Cal., for defendant/counterclaimant/appellant/appellee Clive Miller.

Before BROWNING, Chief Judge, and ALARCON and NORRIS, Circuit Judges.

ALARCON, Circuit Judge:

I. INTRODUCTION

The question presented in this case is whether the district court properly exercised subject matter jurisdiction over an Indian tribe's action in the nature of interpleader against a member of the tribe and a state tax authority. We hold that it did not. Accordingly, we vacate the district court's judgment in all respects and remand with instructions that the case be dismissed.

II. BACKGROUND

Plaintiff...

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