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WARBURTON/BUTTNER v. SUPERIOR COURT

No. D040158.

127 Cal.Rptr.2d 706 (2002)

103 Cal.App.4th 1170

WARBURTON/BUTTNER, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; The Tunica-Biloxi Tribe of Louisiana, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied December 19, 2002.

Attorney(s) appearing for the Case

Carlsmith Ball LLP and Albert H. Ebright, Los Angeles, for Petitioner.

Fox, Johns, Lazar, Pekin & Wexler, George C. Lazar, San Diego, Michael H. Wexler; and Donald Juneau for Real Party in Interest.

HUFFMAN, J.

In this petition for writ of mandate brought by Warburton/Buttner, a limited partnership that develops and manages commercial real estate on Indian land (Warburton), significant issues are raised concerning the showing required to establish an express authorization of an Indian tribe's waiver of its sovereign immunity from suit. In addition to the defendant and real party in interest, Tunica-Biloxi Tribe...

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