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CABAZON BAND OF MISSION INDIANS v. WILSON

No. 92-15751.

37 F.3d 430 (1994)

CABAZON BAND OF MISSION INDIANS, a federally recognized Indian Tribe; Sycuan Band of Mission Indians, Plaintiffs-Appellants, v. Pete WILSON, Governor, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed May 9, 1994.

Opinion Withdrawn October 6, 1994.

Decided October 6, 1994.

Attorney(s) appearing for the Case

George Forman, Alexander & Karshmer, Berkeley, CA, and Glenn M. Feldman, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, AZ, for plaintiffs-appellants.

Cathy Christian, Supervising Deputy Atty. Gen., Sacramento, CA, for defendants-appellees.

Before: BOOCHEVER, THOMPSON, and O'SCANNLAIN, Circuit Judges.

ORDER

The petition for rehearing is GRANTED.

The opinion filed on May 9, 1994 is hereby WITHDRAWN and the attached opinion shall be filed in lieu thereof.

OPINION

O'SCANNLAIN, Circuit Judge:

We consider the power of the State of California to tax offtrack betting activities on Indian reservations.

I

Plaintiffs Cabazon Band of Mission Indians and Sycuan Band of Mission Indians ("the Bands") conduct simulcast wagering...

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