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CABAZON BAND OF MISSION INDIANS v. SMITH

No. 99-55229.

249 F.3d 1101 (2001)

CABAZON BAND OF MISSION INDIANS; Paul D. Hare, Plaintiffs-Appellants, v. Larry D. SMITH, Individually and in his capacity as Sheriff of Cas Riverside County; Ronald F. Dye, Individually and in his capacity as Captain, Indio Station, Riverside County Sheriff's Department; County of Riverside, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred May 18, 2000.

Resubmitted May 10, 2001.

Filed May 17, 2001.

Attorney(s) appearing for the Case

Glenn M. Feldman, Mariscal, Weeks, McIntyre, & Friedlander, P.A., Phoenix, Arizona, for the appellants.

Timothy T. Coates, Greines, Martin, Stein & Richland, Beverly Hills, California, for the appellees.

John A. Bryson, Assistant United States Attorney, Washington, D.C., for the amicus curiae.

Before: RYMER and T.G. NELSON, Circuit Judges, and W.D. BROWNING, District Judge.

Argued and Submitted May 4, 2000 — Seattle, Washington

Opinion by Judge T.G. NELSON; Dissent by Judge W.D. BROWNING

T.G. NELSON, Circuit Judge:

The Cabazon Band of Mission Indians (the "Tribe") appeals the district court's order granting summary judgment to appellees, officials of the Riverside County, California, Sheriff's Department (the "Sheriff"), in the Tribe's suit challenging the application of certain provisions of the California Vehicle...

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