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BISHOP PAIUTE TRIBE v. COUNTY OF INYO

No. 01-15007.

291 F.3d 549 (2002)

BISHOP PAIUTE TRIBE, in its official capacity and as a representative of its Tribal members; Bishop Paiute Gaming Corporation, d.b.a. the Paiute Palace Casino, Plaintiffs-Appellants, v. COUNTY OF INYO; Phillip McDowell, individually and in his official capacity as District Attorney of the County of Inyo; Daniel Lucas, individually and in his official capacity as Sheriff of the County of Inyo, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2002.

Attorney(s) appearing for the Case

Ralph LePera, Bishop, California (argued) and Anna Kimber, San Diego, California (brief), for the plaintiffs-appellants.

John D. Kirby, Special Legal Counsel, County Counsel's Office, Independence, California, for the defendants-appellees.

Before: PREGERSON and RAWLINSON, Circuit Judges, and WEINER, District Judge.

PREGERSON, Circuit Judge:

On March 23, 2000, the District Attorney for the County of Inyo ("District Attorney") and the Sheriff for the County of Inyo ("Sheriff") obtained and executed a warrant to search Bishop Paiute Gaming Corporation ("Corporation") employee records held in the possession and control of the Bishop Paiute Tribe ("Tribe") in Bishop, California, as part of a welfare fraud investigation. The Tribe and the Corporation brought suit against the County...

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