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ALLEN v. GOLD COUNTRY CASINO

No. 05-15332.

464 F.3d 1044 (2006)

Mark S. ALLEN, Plaintiff-Appellant, v. GOLD COUNTRY CASINO; The Berry Creek Rancheria of Tyme Maidu Indians; Mattie Mayhew, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2006.

Attorney(s) appearing for the Case

Donald Earl Childress III, Jones Day, Washington, D.C., for the plaintiff-appellant.

Blaine I. Green, Pillsbury, Winthrop, Shaw, Pittman, LLP, San Francisco, CA, for the defendants-appellees.

Before CANBY, THOMPSON, and HAWKINS, Circuit Judges.

OPINION

CANBY, Circuit Judge.

Mark Allen is a former employee of the Gold Country Casino, which is owned and operated by the Tyme Maidu Tribe of the Berry Creek Rancheria in California. After the Casino fired Allen, he sued it and the Tribe. The district court dismissed the claims against the Tribe and the Casino on the ground of sovereign immunity. Allen concedes the Tribe's immunity, but argues that the district court erred in extending that immunity to...

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