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BAND OF CAHUILLA & CUPEÑO INDIANS v. JEWELL

No. 11-57222.

729 F.3d 1025 (2013)

LOS COYOTES BAND OF CAHUILLA & CUPEÑO INDIANS, Plaintiff-Appellee, v. Sally JEWELL, Secretary of the Interior; Donald Laverdure, Acting Assistant Secretary of the Bureau of Indian Affairs; Darren A. Cruzan, Deputy Director of the Office of Justice Legal Services; Selanhongva McDonald, Special Agent in Charge, District III, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2013.

Attorney(s) appearing for the Case

Stuart F. Delery , Acting Assistant Attorney General, Laura E. Duffy , United States Attorney, Barbara C. Biddle , and John S. Koppel (argued), Attorneys, Appellate Staff Civil Division, Department of Justice, Washington D.C., for Defendants-Appellants.

Dorothy Alther (argued), California Indian Legal Services, Escondido, CA, for Plaintiff-Appellee.

Before: JOHN T. NOONAN, KIM McLANE WARDLAW, and MARY H. MURGUIA, Circuit Judges.

OPINION

MURGUIA, Circuit Judge:

I.

The Secretary of the Interior appeals the district court's decision granting summary judgment in favor of the Los Coyotes Band of Cahuilla and Cupeño Indians (the "Tribe"). The district court found that the Secretary violated the Indian Self Determination and Education Assistance Act ("ISDA"), the Administrative Procedure Act ("APA"), and the Fifth Amendment's guarantee of equal protection when the Secretary...

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