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RINCON BAND OF MISSION INDIANS v. COUNTY OF SAN DIEGO

Civ. No. 70-360-T.

324 F.Supp. 371 (1971)

RINCON BAND OF MISSION INDIANS v. COUNTY OF SAN DIEGO, and J. C. O'Connor, Sheriff for the County of San Diego.

United States District Court, S. D. California.

March 17, 1971.

Attorney(s) appearing for the Case

George Forman, Daniel M. Rosenfelt, Robert S. Pelcyger, Richard W. Power, California Indian Legal Services, Escondido, Cal., for plaintiff.

Robert G. Berrey, County Counsel, San Diego County by Anthony Albers, Deputy County Counsel, San Diego, Cal., for defendants.

MEMORANDUM OF DECISION

TURRENTINE, District Judge.

Plaintiff, Rincon Band of Mission Indians, seeks declaratory and injunctive relief from enforcement of a county gambling ordinance on an Indian reservation. The action is now before the court on cross motions for summary judgment. The court has determined from the affidavits, memoranda and argument of counsel that there is no genuine issue of material fact. This...

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