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IMPERIAL GRANITE CO. v. PALA BAND OF INDIANS

No. 90-55794.

940 F.2d 1269 (1991)

IMPERIAL GRANITE COMPANY, Plaintiff-Appellant, v. PALA BAND OF MISSION INDIANS; Patricia Nelson; Robert A. Smith; Deborah Smith; Lorreta Lipton; Jane Blackman; Henry Smith, and against all other persons similarly situated, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1991.

Attorney(s) appearing for the Case

Charles C. Renshaw, Escondido, Cal., for plaintiff-appellant.

George Forman, Alexander & Karshmer, Berkeley, Cal., for defendants-appellees.

Before FLETCHER and CANBY, Circuit Judges, and REED, District Judge.

CANBY, Circuit Judge:

Imperial Granite Company brought this action against the Pala Band of Mission Indians, certain of its officers, and all members of the tribe. Imperial alleged that it was the lessee of a tract of fee property surrounded by the Band's reservation, and that in about 1933 the government had built a road to the tract that crossed a portion of the reservation. Imperial's lessors had used the road as the only access to their land and, after Imperial...

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