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CACHIL DEHE BAND OF WINTUN INDIANS v. CALIFORNIA

No. 06-16145.

547 F.3d 962 (2008)

CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA INDIAN COMMUNITY, a federally recognized Indian Tribe, Plaintiff-Appellant, v. State of CALIFORNIA; California Gambling Control Commission, an agency of the State of California; and Arnold Schwarzenegger, Governor of the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2008.

Amended October 24, 2008.

Attorney(s) appearing for the Case

George Forman, Forman & Associates, San Rafael, CA, for the plaintiff-appellant.

Christine M. Murphy, Deputy Attorney General, Sacramento, CA (briefs); Peter H. Kaufman, Deputy Attorney General, San Diego, CA (oral argument); for the defendants-appellees.

Before: WILLIAM C. CANBY, JR., ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

ORDER AMENDING OPINION AND DENYING THE PETITION FOR PANEL REHEARING AND PETITION FOR REHEARING EN BANC AND AMENDED OPINION

ORDER

The opinion filed in this case on August 8, 2008, slip op. at 10159, to appear at 536 F.3d 1034 (9th Cir.2008), is amended as follows:

At slip op. at 10166, 536 F.3d at 1038, first full paragraph, line 6: Insert "by the tribe on September 1, 1999," after "number of gaming devices operated...

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