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SCOTTS VALLEY BAND OF POMO INDIANS v. U.S.

No. 88-15631.

921 F.2d 924 (1990)

SCOTTS VALLEY BAND OF POMO INDIANS OF the SUGAR BOWL RANCHERIA, Ray Douglas, individually and on behalf of all others similarly situated; Ignatius (Steven) Elliot, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant, City of Chico, Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1990.

Attorney(s) appearing for the Case

Robert G. Boehm, City Atty., Chico, Cal., for intervenor-appellant.

Stephen V. Quesenberry, California Indian Legal Services, Oakland, Cal., for plaintiffs-appellees.

Before BOOCHEVER, WIGGINS and NOONAN, Circuit Judges.

WIGGINS, Circuit Judge:

The City of Chico appeals the district court's denial of its motion for intervention as of right under Federal Rule of Civil Procedure 24(a)(2). It claims a protectable interest in property which is the subject of the underlying action. We reverse and remand.

BACKGROUND

This class action was commenced on June 27, 1986, by the Scotts Valley Band of Pomo Indians and individual Indians (collectively "Indian Bands") against the...

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