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QUECHAN INDIAN TRIBE v. McMULLEN

No. 91-55931.

984 F.2d 304 (1993)

QUECHAN INDIAN TRIBE, Plaintiff-Appellant, and R & R Fireworks and Novelty Company, Plaintiff, v. James F. McMULLEN, in his official capacity as California State Fire Marshal, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 21, 1993.

Attorney(s) appearing for the Case

Glenn M. Feldman, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, AZ, for plaintiff-appellant.

Beth Faber Jacobs, Deputy Atty. Gen., San Diego, CA, for defendant-appellee.

Before FARRIS, LEAVY and TROTT, Circuit Judges.

TROTT, Circuit Judge:

In this case we are called upon to decide whether California may restrict the Quechan Indian Tribe's regulation of the sale of fireworks on its reservation pursuant to Pub.L. 83-280, § 2, 18 U.S.C. § 1162 (1988). The district court held that California could enforce its fireworks law on the Fort Yuma Indian Reservation and granted the State's motion for summary judgment. We have jurisdiction over this timely appeal pursuant to 28 U...

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