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LEWIS v. NORTON

No. 03-17207.

424 F.3d 959 (2005)

Kathy Lynnette LEWIS, Larry Paul Lewis, Jr., Jerry Lee Lewis, and Chad Elliott Lewis, Plaintiffs-Appellants, v. Gail NORTON, in her capacity as the Secretary of the Department of the Interior; Terry Virden, in his official capacity as Deputy Commissioner of the Bureau of Indian Affairs, a bureau within the Department of Interior; Philip N. Hogen, in his official capacity as Chairman of National Indian Gaming Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2005.

Attorney(s) appearing for the Case

Brian C. Leighton, Clovis, CA, for the plaintiffs-appellants.

Debora G. Luther, Assistant U.S. Attorney, Sacramento, CA, for the defendant-appellees.

Before: SCHROEDER, Chief Judge, PREGERSON and TROTT, Circuit Judges.

SCHROEDER, Chief Judge:

The plaintiffs-appellants are siblings who brought this action against the United States claiming that they are entitled to recognition as members of the Table Mountain Rancheria, a federally-recognized Indian tribe, and therefore to share in the revenue of that tribe's very successful casino near Fresno, California. Although their claim to membership appears to be a strong one, as their father is a recognized member of the tribe, their claim...

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