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MORONGO BAND OF MISSION INDIANS v. ROSE

No. 86-6350.

893 F.2d 1074 (1990)

MORONGO BAND OF MISSION INDIANS, Plaintiff-counter-defendant/Appellant, v. Frank ROSE; Clive "Sonny" Miller, Defendants-counter-plaintiffs/Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission May 10, 1988.

Resubmitted June 1, 1989.

Decided January 10, 1990.

Attorney(s) appearing for the Case

George Forman, Berkeley, Cal., for plaintiff-counter-defendant/appellant.

David Grosz, Fleishman, Fisher and Moest, Los Angeles, Cal., for defendants-counter-plaintiffs/appellees.

Before BROWNING, NELSON and CANBY, Circuit Judges.

CANBY, Circuit Judge:

The Morongo Band of Mission Indians (The Band) brought this action in district court to enforce its ordinance regulating bingo games on its reservation. The defendants were Miller, an Indian and member of the Band, and Rose, a non-Indian. The complaint alleged that Miller and Rose were conducting unauthorized bingo games on Miller's allotted land within the reservation. The district court dismissed for lack of jurisdiction, holding that the claim...

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