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PYRAMID LAKE PAIUTE TRIBE OF INDIANS v. MORTON

Civ. A. No. 2506-70.

354 F.Supp. 252 (1972)

PYRAMID LAKE PAIUTE TRIBE OF INDIANS, Plaintiff, v. Rogers C. B. MORTON, Secretary of the Interior, Defendant.

United States District Court, District of Columbia.

As Amended November 29, 1972.

Supplemental Opinion February 20, 1973.

Attorney(s) appearing for the Case

Robert S. Pelcyger, Boulder, Colo., Robert D. Stitser, Reno, Nev., Reid Peyton Chambers, Los Angeles, Cal., L. Graeme Bell, III, Washington, D. C., for plaintiff.

Donald W. Redd, Douglas N. King, Department of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION

GESELL, District Judge.

This is an action by a recognized Indian tribe challenging a regulation issued by the Secretary of the Interior. The matter came before the Court for trial without a jury following an extended period of pretrial activity during which issues were narrowed and efforts to resolve the controversy by negotiation failed. Claiming that the regulation should be set aside as arbitrary, capricious, and an abuse of the Secretary...

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