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PAIUTE-SHOSHONE INDIANS v. CITY OF LOS ANGELES

No. 07-16727.

637 F.3d 993 (2011)

PAIUTE-SHOSHONE INDIANS OF the BISHOP COMMUNITY OF the BISHOP COLONY, CALIFORNIA, a federally recognized Indian tribe, Plaintiff-Appellant, v. CITY OF LOS ANGELES, a California municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted March 7, 2011.

Filed March 14, 2011.

Attorney(s) appearing for the Case

Randolph H. Barnhouse , Luebben Johnson & Barnhouse LLP, Los Ranchos de Albuquerque, NM, for the plaintiff-appellant.

Lisa S. Berger , Deputy City Attorney, Los Angeles, CA, for the defendant-appellee.

Before: SUSAN P. GRABER, CONSUELO M. CALLAHAN, and CARLOS T. BEA, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Plaintiff Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California, an Indian tribe formally recognized by the United States, filed this action against Defendant City of Los Angeles for an order restoring Plaintiff to possession of land that the City took long ago in a deal with the United States. The district court dismissed the action under Federal Rule of Civil Procedure 12(b)(7) because it ruled...

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