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RUMSEY INDIAN RANCHERIA OF WINTUN INDIANS v. WILSON

Nos. 93-16609, 93-16745.

99 F.3d 321 (1996)

RUMSEY INDIAN RANCHERIA OF WINTUN INDIANS; Table Mountain Rancheria; Cher-Ae Heights Indian Community of the Trinidad Rancheria; San Manual Band of Mission Indians; Viejas Reservation of the Captain Grande Band of Diegueno Mission Indians and Hopland Band of Pomo Indians; Barona Band of Mission Indians; Sycuan Band of Mission Indians; Agua Caliente Band of Cahuilla Indians, Plaintiffs-Appellees, v. Pete WILSON, Governor; State of California, Defendants-Appellants. RUMSEY INDIAN RANCHERIA OF WINTUN INDIANS; Table Mountain Rancheria; Cher-Ae Heights Indian Community of the Trinidad Rancheria; San Manual Band of Mission Indians; Viejas Reservation of the Captain Grande Band of Diegueno Mission Indians and Hopland Band of Pomo Indians; Wintun Indians; San Manual Band of Mission Indians; Cabazon Band of Mission Indians, the Santa Ynez Band of Chumash Mission Indians of the Santa Ysabel Reservation, California; Viejas Reservation, of the Captain Grande Band of Diegueno Mission Indians; San Manual Band of Mission Indians, the Hopland Band of Pomo Indians; the Sycuan Band of Mission Indians; the Morongo Band of Mission Indians; the Santa Rosa Band of Tache Indians; the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community; the Soboba Band of Cahuilla Mission Indians; the Robinson Band of Pomo Indians; the Agua Caliente Band of Cahuilla Indians; and the Barona Group of the Captain Grande Band of Mission Indians, Plaintiffs-Appellees-Cross-Appellants, v. Pete WILSON, Governor; State of California, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

October 29, 1996.

By order dated December 5, 1995 this panel construed appellees' letter briefs of August 28, 1995 as a renewed petition for rehearing in light of a California appellate court decision. We deferred consideration of the petition pending the decision by the California Supreme Court in that case, Western Telcon v. California State Lottery, 13 Cal.4th 475, 53 Cal.Rptr.2d 812, 917 P.2d 651 (1996). The California Court has issued its...

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