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FALLON PAIUTE-SHOSHONE TRIBE v. CITY OF FALLON

No. CV-N-99-270-ECR-VPC.

174 F.Supp.2d 1088 (2001)

FALLON PAIUTE-SHOSHONE TRIBE, Plaintiffs, v. CITY OF FALLON, Nevada; Ken Tedford, Mayor City of Fallon; City of Fallon Councilmembers, Willis Swan, Hank Cornu and John Tewell, Defendants.

United States District Court, D. Nevada.

August 23, 2001.

Attorney(s) appearing for the Case

Treva Hearne, Charles Zeh, Zeh, Polaha, Spoo, Hearne & Picker, Reno, NV, (for Fallon Paiute-Shoshone Tribes, Merlin Dixon, Alvin Moyle), for plaintiff.

Michael Mackedon, City of Fallon, City Attorneys Office, Fallon, NV, (for Hank Cornu, Fallon City Council Members, City of Fallon, Willis Swan, Ken Tedford, John Tewell), Donald Lattin, Walther, Key, Maupin, Oats, Cox, Klaich & LeGoy, Reno, NV, (for City of Fallon), for defendant.

ORDER

EDWARD C. REED, Jr., District Judge.

Plaintiffs, Fallon Paiute-Shoshone Tribe ("Tribe"), have filed a motion seeking partial summary judgment (# 39) on their civil rights 42 U.S.C. § 1983, equal protection, substantive due process, Fifth Amendment taking, breach of contract, and anti-trust claims. The defendants, ("City"), have filed an opposition (# 49) and plaintiffs replied (# 53).

Background

On June 5, 1997, the Fallon...

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